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Sekhar P (Tax consultant)     18 June 2009

Revocation of gift

With consideration of love & affection, father gifted the res.house to son with registered gift settlement deed and the same accepted by the  son. After some time, father revoked the gift with revocation/cancellation deed,  without knowledge of son(to whom gifted). Pl confirm Is it valid transaction.

2. After this, father executed a sale deed in favour of other son. Is the sale deed legally valid ?, In what way ? pl advice.



Learning

 3 Replies

A V Vishal (Advocate)     18 June 2009

Once the gift is accepted and registered in favour of the donee, the same cannot be revoked by the donor also, the sale deed executed by the donor in favour of your brother is null and void. You can move to the court of law to possess back your property.

 

1 Like

Amit Gupta (Advocate)     18 June 2009

it depends actually, wht was the language of Deed. whether it was a Gift of Settelment deed. because gift once duly executed can not be revoked, but settelment deed can be cancelled. but even in case the house has been sold to other son, u need not to file any suit, if u r in settled posseesion. otherwise a declatation suit shud be filed.

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V.S.R.Deekshitulu (B.Sc, B.L)     20 June 2009

If the gift or setlement is conditional and if the conditions are not satisfied by the donee/settlee then the the same can be revoked, but it is always subject to decision of court

There cannot be an unilateral revocation of Gift/Settlement when one the same is accepted by the donee/settlee. The document can be cancelled only by the parties to the same

SEE


SECTION 126:- Gift-Revocation of-Registered Gift deed-Unless deed contained conditions on account of which gift can be revoked, gift cannot be revoked-There cannot be revocation of gift on basis of a separate document imposing conditions, unless same is registered document.                          2007(2)ANDHRA LEGAL DECISIONS.P.338


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