Cacellation of gift
Arvind Singh Chauhan
(Querist) 30 December 2010
This query is : Resolved
Please Sir,
Whether cancellation of gift deed may be registered. If yes can any body may provide me the format of cancellation deed. Or to go civil court for cancellation is only remedy.
Y V Vishweshwar Rao
(Expert) 30 December 2010
I am of the Opinion that Gift after Registration of the Deed to be cancelled by both parties by executing & Registering the cancellation deed - other wise the Door to file suit for cancellation of the Gift Deed.
A V Vishal
(Expert) 30 December 2010
Agree to Mr Y V V Rao's view however, in case of conditional gift the donor can unilatterally proceed to cancel the gift.
Ashok Yadav
(Expert) 30 December 2010
A gift deed can not be cancelled by the donor after it has got regd. Donor can cancel the gift only in the condition if the gift deed was conditional, and that condition/term has been violated by the donee.
Devajyoti Barman
(Expert) 30 December 2010
Gift deed if accepted by the donee becomes abosolute and the same can not be cancelled.Only option left is to make another return gift deed if the donee is willing or to file a suit for declaration which would likely to fail in all probability.Gift deed can not me made conditional.
Bhawani Mahapatra
(Expert) 30 December 2010
I agree with the experts. I think gift deed can be made conditional.
Arvind Singh Chauhan
(Querist) 30 December 2010
Sir Deed was conditional and in favour of govt. but govt didn't fulfilled the condition. Let me know the easiest way for cancellation. whether cancellation/revocation deed is registrable if yes what is the format, please attach here.
M V Gupta
(Expert) 01 January 2011
I think a similar question was raised by you or some other person earlier. A gift of immoveable or moveable property can be made conditional. Example: the donee will maintain a specified person say mother or garnd mother or will educate a child etc. Such a gift can be revoked if the donee fails to comply with the condition. In such an event the donor can unilaterally revoke the gift by executing a deed of revocation and register it. Registration is compulsory if the original gift was registered. In the case of immovable property registration is a must. See any standard book on Conveyancing. You will get a format for revocation of gift.
Y V Vishweshwar Rao
(Expert) 02 January 2011
In case of Conditional gift Deeds for maintenance of Parents /Senior Citizens/Donor -the District Collector under Senior Citizens Protection Act has authority and on complaint can enquire into the matter and can also cancel the Regd Gift Deeds with Condition of Maintenance of Parents /Donor Senior Citizens - Senior Citizens Protection Act may also help the Senior Citizen Donors with Conditional Gift for maintenance
Y V Vishweshwar Rao
(Expert) 05 January 2011
Dear Arvind
I am sorry I did not notice your second Post - I have gone through the version of Mr M V Gupta and added the above !
In case Gift in favour of Govt with condition - specific Purpose Gift - and Conditions mentioned in the Gift Deed - Govt not complied with the said Condition and purpose is not served - the Gift Deed can be cancelled!
M/s. Y-not legal services
(Expert) 30 December 2010
