Conditional gift deed

Querist : Anonymous (Querist) 08 November 2011 This query is : Resolved
What is a conditional gift deed? Can it be revoked and under what circumstances it can be revoked. Can it be revoked without the intervention of court?

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ajay sethi (Expert) 08 November 2011
126. When gift may be suspended or revoked.- The donor and done 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be revoked in any of the cases (save want or failure of consideration) in which, if it were a contract, it might be rescinded.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. Nothing contained in this section shall be deemed to affect the rights of transferees for consideration without notice

ajay sethi (Expert) 08 November 2011
revocation can be through intervention of court

prabhakar singh (Expert) 08 November 2011
A conditional gift is a gift which will take place only if a particular event specified as a condition for the taking into event of the gift occurs within the time specified by the donor. However, in such case, the restrictions or conditions imposed on a gift must not be inconsistent with the vesting of title in order for a completed gift to occur.

In case of conditional gift, a donor may revoke the conditional gift if the donee fails or refuses to comply with the conditions imposed by the donor.

Generally, where a gift is conditioned upon the performance of some act by the donee and that condition is not fulfilled, the donor may recover the gift. However, the mere fact that the donee fails to do what the donor hopes and expects of the donee does not warrant the revocation of a completed gift.

The question of whether a gift is conditional or absolute is a question of the donor’s intent. This intent is to be determined from any express declaration by the donor at the time of the making of the gift or from the circumstances.

And it is here it becomes the resolution of court.

Raj Kumar Makkad (Expert) 08 November 2011
If any condition is imposed in gift deed by donee specifying reservation of his legal right to revoke such gift in case such condition is not fulfilled. It can be done even without intervention of court.

prabhakar singh (Expert) 08 November 2011
But Mr. Makkad !

when Donee will dispute the right you assume in donor the resolution of court shall ipso facto have its play.