cancellation of gift deed
mohammed abdul shabbeer
(Querist) 12 January 2010
This query is : Resolved
how to cancel a gift deed in absence of donee as the donee is staying in foreign country or without his presence
A V Vishal
(Expert) 12 January 2010
Once executed by the donor and accepted by the donee, the gift deed cannot be cancelled, unless it is a onerous gift . Further, your query is silent whether the gift is for moveable or immoveable property and the religion of the parties. Assuming you as the party further a gift may be revoked by a Mohammedan even after delivery of possession except in the following cases:
(1) When the gift is made by a husband to his wife or by a wife to her husband;
(2) when the donee is related to the donor within the prohibited degrees;
(3) when the gift is Sadaka (i.e. made to a charity or for any religious
purpose).
(4) when the donee is dead;
(5) when the thing given has passed out of the donee's possession
by sale, gift or otherwise;
(6) when the thing given is lost or destroyed;
(7) when the thing given has increased in value, whatever be the cause of the increase;
(8) when the thing given is so changed that it cannot be identified, as when wheat is converted into flour by grinding; and
(9) when the donor has received something in exchange for the gift
Except in those cases, a gift may be revoked at the mere will of the donor, whether he has or has not reserved to himself the power to revoke it, but the revocation must be by a decree of court.
