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prasad (executive)     01 August 2012

Can a gift revoked

My cousins father has gifted his self acquired residential house in the name of my cousine in the year 2003. It is mentioned in the gift deed that  1)  " The donee has to live in the same house with his parents and will look after his parents",   But, after a few years i.e. in the year 2005,  the donee, his wife and his son were sent out of the same house by  the other three children of the doner by influencing the doner with a malafied intention to take back the gifted house from the donee. Now they are influencing the doner to revoke the gift stating that the donee is not staying in the gifted house and not looking after his parents.

     In this connection, it is to state that the gift has been executed since the donee has sacrifised a lot for their parents. Some lawers say  that the gift can be revoked since it is a conditional gift, some lawers say  that the gift can not be revoked, since gift can be executed out of effection and love not on condition.

Please advice, whether the  gift deed can be revoked, can the gift deed can be revoked without the knowledge of the donee, If yes, what my cousin has to do to safe guard the gift.

My cousin will be very much thankfull to you for your valuable adivce.



Learning

 3 Replies

Adv. K.S.A.Narasimha Rao (legalquestadvisor@gmail.com )     01 August 2012

Gift cannot be unilaterially revoked. Even if it is done, the same is not valid in law.

Nitish Banka (lawyer)     01 August 2012

A Gift whisch is given and is accepted during the life time of the donor cannot be revoked.

Adv.R.P.Chugh (Advocate/Legal Consultant (rpchughadvocatesupremecourt@hotmail.com))     01 August 2012

Dear Mr.Prasad, 

 

It is a conditional gift that can be revoked by the donor during his lifetime. However your cousin can defend the revocation by saying that the alleged breach of condition was not a breach, he was left with no option but to move out at the insistence of other and hence it is not a breach stricto sensu. 


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