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NRV   16 October 2021

Declaration of title or permanent injunction suit??

We donated land conditionally to a society seven years back, utilize land in three years, till now society not used land, we asking cancellation for deed mutually, society not responding. We are planning file a suit for cancellation of gift deed, which suit we have to file? declaration of title or permanent injunction suit?


 4 Replies

Anusha Singh   17 October 2021

As per your query it is understood that you need information about the conditional gift deed.

In case of conditional gift deed it can be revoked if the conditions of such gift deed is not fulfilled by the person who received such gift and agreed to all the terms and conditions of the gift deed.

Such gift deed cannot be revoked unilaterally instead have to file and appeal in the Court to set aside such gift deed. You have to inform the other party and then file a declaration suit in the concerned Court and pray to get the conditional gift deed revoked on the grounds that the conditions are not fulfilled.

Section 126 of the Transfer of Property provides for conditions where a gift can be revoked. the following are essential ingredients for revocation of gift:

i) there must be an agreement between the donor and donee that the gift shall be suspended or revoked on the happening of a specified event;

ii) such event must be one which does not depend upon the will of the donor;

iii) the condition as to the suspend or revocation should be agreed to by the donee at the time of accepting the gift. And,

iv) there must exist a ground , except want or failure of consideration, on which a contract may be rescinded.

v) the condition should not be illegal, or immoral and should not be repugnant to the estate created under the gift.

vi) Section 126 is controlled by sec. 10. As such, a clause in the gift deed completely prohibiting alienation is void in view of the provisions contained in sec. 10.

vii) A gift, which was not based on fraud, undue influence or misrepresentation nor was an onerous one, cannot be cancelled unilaterally. Such a gift deed can be cancelled only by resorting to legal remedy in a competent court of law.

Hope it helps!

 

Regards,

Anusha Singh

1 Like

Dr J C Vashista (Lawyer)     17 October 2021

Proceed to institute the suit through a local prudent lawyer.

1 Like

Advocate Bhartesh goyal (advocate)     17 October 2021

Your suit for cancellation of gift deed will be maintainable only when you succeed to prove that gift was executed under undue influence,fraud or coircion else. Not.

1 Like

P. Venu (Advocate)     18 October 2021

Why the gift? What is the nature of the Society?


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