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Bineesh S Nair (Executive)     13 October 2011

In which circumstances we will cancel a gift deed?

in which circumstances we will cancel a gift deed?



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 7 Replies

Nadeem Qureshi (Advocate/ nadeemqureshi1@gmail.com)     13 October 2011

Dear Binesh

As per the Transfer Of Property Act 1882 Section 126

126. When gift may be suspended or revoked.- The donor and done may agree that on the happening of any specified event which does not depend on the will of the donor a gift shall be suspended or revoked; but a gift which the parties agree shall be revocable wholly or in part, at the mere will of the donor, is void wholly or in part, as the case may be. A gift may also be revoked in any of the cases (save want or failure of consideration) in which, if it were a contract, it might be rescinded. Save as aforesaid, a gift cannot be revoked. Nothing contained in this section shall be deemed to affect the rights of transferees for consideration without notice. Illustrations

(a) A gives a field to B, reserving to himself, with B' s assent, the right to take back the field in case B and his descendants die before A. B dies without descendants in A' s lifetime. A may take back the field.
(b) A gives a lakh of rupees to B, reserving to himself, with B' s assent, the right to take back at pleasure Rs. 10, 000 out of the lakh. The gift holds good as to Rs. 90, 000, but is void as to Rs. 10, 000 which continue to belong to A.

Pradeep Kumar (Lawyer)     13 October 2011

In case of Fraud only.

 

Pradeep kumar

Advocate

9871765000

ajay sethi (lawyer)     13 October 2011

a irrevocable gift once made by donor and duly accepted by donee divests the donor of any title to the property . a gift deed must be duly stamped and registered .

 

cancellation can  be done only trhough court orders as when vitiated by fraud , undue influnece .

mamta kaura wadehra (lawyer)     13 October 2011

Gift can be revoked before it is accepted by the donee.further a GD which is the result of fraud,undue influence,coersion,mistake can be cancelled being voidable at the option of the donor

I.S.Roy,Advocate (Advocate)     30 November 2011

Dear Sir

                   Yes, because in Law of Transfer of Property Act there are contingent gift are there which can be revoked by circumstance.

With regards

I.S.Roy, Advocate.

mugdha (advocate)     21 December 2011

if gift deed is made to a member out of family , then what about  orignal legal heirs right ?

mugdha (advocate)     21 December 2011

if gift deed is made to a member out of family , then what about  orignal legal heirs right ?


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