can a gift deed be revoked by the heir of a donor?

Querist : Anonymous (Querist) 19 November 2009 This query is : Resolved
Hi,

My father (who has now passed away) was gifted a small piece of land and the donor too has now passed away. Unfortunately none of the heirs of the donee have got the title transferred in their name. Now the son of the donor has filed an application to take back the land that was gifted, on the ground that none of the heirs of the donee have transferred the property. Is this tenable?
A quick response will be highly appreciated .

Many thanks in advance.

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A V Vishal (Expert) 19 November 2009
No once gifted the deed is irrevocable unless the gift is conditional. However you have not stated whether the deed is registered or unregistered.

Raj Kumar Makkad (Expert) 19 November 2009
If deed was oral then after such belated period, it shall become difficult to establish the gift or its terms and in that case the matter can become grim, however, it is a general law that immediately on the execution of gift, the donor extinguishes is all rights with the donated property and his legal heirs also have no relation with that property.

niranjan (Expert) 19 November 2009
The first condition of the gift deed is to accept the gift.Now in this case you say that the property is not transferred in your father's name and remained silent for such a long time, so it can be presumed that your father has not accepted the gift.

Vineet (Expert) 20 November 2009
It is not clear from your querry whther the title of property was transferred in the name of donee i.e. your father.

If the title stands in the name of your father, it is immaterial whether his successors have or have not got it transferred in their name.

Querist : Anonymous (Querist) 21 November 2009
The gift deed is registered.

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