Cancellation the gift deed

shyam lal sharma (Querist) 04 June 2012 This query is : Resolved
My Clint (Donor) has executed a Gift Deed in favour of a Matta/ Religious institution(Donee) to build a Temple on the property, in that gift deed terms and conditions are as follows,

Whereas the DONEE agree to construct the TEMPLE within 3 years from the date of this Gift Deed, if fails to do so this Deed stands cancelled.

Now the term 3 years lapsed and donee not yet started the work and during these 3 years the conduct of the Donee is not yet all satisfied and my client wanted to withdraw the property from Donee please suggest me the Procedure……

Thanks in Advance….

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Adv.R.P.Chugh (Expert) 04 June 2012
This gift can be validly revoked since the condition of revocation/forfeiture does not depend on will of donor. Go ahead give a notice of revocation to the donee as well as registrar. IF he fails to comply (which in all probability he would) file a suit for declaration that the gifts stands revoked.

ajay sethi (Expert) 04 June 2012
you can revoke the gift as donee has failed to construct temple wihtin period of 3 years . the purpose of giving gift was that religious instituion should construct temple . it has failed to do so . you can revoke the gift deed .