Sheikh Khurshid Alam (Student) 10 September 2014

Revoke gift of land

Mr. X made a gift of a plot of land to the Governor of Bihar, through the Anchal Adhikari, Roh (Nawada in 2010. A section of the said Deed says " Now this indenture witness the said donor hereby conveyed and make a free and voluntary gift of the said land to the donee and his successors in office together with all rights, easement, appartencees and pribvates here to belonging for the construction and establishing a Hospital with firms, vegetable and fruit garden and other necessary department and building to use and to hold the said land premises hereby granted conveyed and transferred to the use of the said donee and his successors in office forever."

Till today the land is kept vacant with no sign of any establishtment of Hospital as such. Can Mr. X revoke the gift at this point of time, if yes, then what process should he follow.

Please advise.

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3 Replies

dr g balakrishnan (advocate/counsel supreme court) 14 September 2014

Once gifted to Governor of state without a rider that he has to return to him, back if his request is not satisfied. Then it is as good as irrevocable gift.

T. Kalaiselvan, Advocate (Advocate) 15 September 2014

A representation to the government to retrieve the gifted land can be moved as the intended purpose has not been solved, therefore the conditional gift is being revoked by the donor. First of all ensure that what is the time limit stipulated in the gift deed for the purpose and then decide about further action.

Sheikh Khurshid Alam (Student) 15 September 2014

Dear Dr. Balakrishnan and Mr. Kalaisevlan,

There is no time limit stipulated in the gift deed and the interesting thing is that the land is still in the possession of the donor. Since no work has been started yet so the govt. did not take the possession also. Noe the Donor wants to revoke the gift and utilise the land for his own purpose.