Cancellation of a deed of gift by the donor
Janmejaya Senapati
(Querist) 28 May 2014
This query is : Resolved
Dear Sir ,
One father-in-law had executed a gift deed on 22.06.1972 in favor of his daughter-in-law after the death of his son.But the daughter - in-law went with another person by getting him married. As such the father in law cancelled the gift deed and sold out the property. The purchaser has mutated the property in his name and obtained Record of Rights. Now the daughter-in-law has challenged the cancellation of the gift deed.The property is the self acquired property of the donor. Please , suggest the future actions to be taken by the surviving members of the donor.Can she win in this case? Please , extend your valuable suggestions .
Thanks and regards
Mantu.
KAMARAJ BHARATHY G
(Expert) 28 May 2014
IF A GIFT IS ACCEPTED BY THE BENEFICIARY, THEN THE DONOR HAS NO RIGHT TO CANCEL THE GIFT DEED, UNLESS SPECIFIC CONDITION MENTIONED IN THE GIFT DEED WAS NOT DULY COMPLIED BY THE BENEFICIARY. HOWEVER, THE CASE MAY BE CONTESTED IF THE BENEFICIARY HAS CLAIMED HER RIGHT AFTER THE LIMITATION PERIOD.
R.V.RAO
(Expert) 29 May 2014
a gift, if made as unconditional and registered, with due recitals, and duly accepted by donee cannot be revoked,unless it is proved that the gift deed was forged or made by force.
Under the Transfer of Properties Act
When gift may be suspended or revoked
126. The donor and donee 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be revoked in any of the cases (save want or failure of consideration) in which, if it were a contract, it might be rescinded.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.
courts will take note of the delay of 4 decades,after which revocation is sought now.
P. Venu
(Expert) 29 May 2014
Remarriage of the widow is not valid condition for revoking the gift, even if the gift deed had provided for such a contingency.
Advocate. Arunagiri
(Expert) 29 May 2014
Is there any condition imposed by the donor in that gift deed?
Raj Kumar Makkad
(Expert) 29 May 2014
Only conditional gift deed can be got revoked on open violation of the such condition otherwise there is no such scope.
Janmejaya Senapati
(Querist) 30 May 2014
Dear Experts ,
Thanks for your valuable opinions.
