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Muralidharan   30 September 2017

Can gift deed be cancelled/revoked in Tamil Nadu in 2014?

My grandfather gift deed farmland to my cousin in 2011. The farmland is too much. So my grandfather cancelled it in 2014 and wrote it equally. Is the cancellation of gift deed valid now in Tamil Nadu? Any new law enacted in TN between 2010 to 2017? Thank you.


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 9 Replies

SHREY DAMBHARE   30 September 2017

No. Once property is gifted, it cannot be taken back. However, if your cousin is not aware of gift deed then there may be chances but since once property is gifted, it cannot be taken back because that person who gifted is no more owner. 

Kumar Doab (FIN)     30 September 2017

Immovable property can only be gifted by registered gift deed to transfer title.

Gift is complete the moment donor has gifted and donee has accepted the gift.

 

The said cancellation of Gift deed may not be of any effect.

Court alone can revoke the gift deed.

1 Like

Advocate Bhartesh goyal (advocate)     30 September 2017

I do agree with Mr Kumar Doab.

Vijay Raj Mahajan (Advocate)     30 September 2017

Seg.126 TP Act only for revocation of gift if there exists an agreement between donor and donee in event of some contingency and as such donor by himself cannot revoke the gift. Gift of immovable property is complete by registered gift deed and if that was not done at first place there was no valid gift of immovable property and any step taken by the grandfather in just making unregistered gift deed can always be revoked.

Siddharth Srivastava (Advocate)     30 September 2017

Once a gift is always a gift so once gift is made then it cannot be revoked. In the given circumstance gift cannot be revoked by your grandfather .

Kumar Doab (FIN)     01 October 2017

Thanks for agreeing Mr. Bhartesh Goyal.

Sankaranarayanan (Advocate)     02 October 2017

It seems repeated query, even though once it was given then it can not revoke, I do stand with all experts reply

Kumar Doab (FIN)     02 October 2017

Thanks for agreeing Mr. sankar narayanan.

 


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