gift deed
babu
(Querist) 02 November 2009
This query is : Resolved
mr.a brother of mr.b gifted land property to mr. b and it was registered in ro and mr a wantede to cancel the gift deed and take the possession of thelnd, what are the remedies to be followed to take back, if not possible, who will be the heirs of the b after his death
Kiran Kumar
(Expert) 02 November 2009
since u ve not given complete facts of the case, pls check whether u are covered under any of the following provision.
The Transfer of Property Act, 1882
CHAPTER VII OF GIFTS
122. "Gift" defined.-"Gift" is the transfer of certain existing moveable or immoveable property made voluntarily and without consideration, by one person, called the donor, to another, called the donee, and accepted by or on behalf of the donee.
Acceptance when to be made.-Such acceptance must be made during the lifetime of the donor and while he is still capable of giving.
If the donee dies before acceptance, the gift is void.
123. Transfer how effected.-For the purpose of making a gift of immoveable property, the transfer must be effected by a registered instrument signed by or on behalf of the donor, and attested by at least two witnesses.
For the purpose of making a gift of moveable property, the transfer may be effected either by a registered instrument signed as aforesaid or by delivery.
Such delivery may be made in the same way as goods sold may be delivered.
124. Gift of existing and future property.-A gift comprising both existing and future property is void as to the latter.
125. Gift to several of whom one does not accept.-A gift of a thing to two or more donees, of whom one does not accept it, is void as to the interest which he would have taken had l1e accepted.
126. When gift may be suspended or revoked.-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be revoked in any of the cases (save want or failure of consideration) in which, if it were a contract, it might be rescinded.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.
1. As to limitation to the territorial operation of section 123, see sec. 1, supra, section 123 extends to every cantonment see section 287 of the Cantonments Act, 1924 (2 of 1924).
The Transfer of Property Act, 1882
Nothing contained in this section shall be deemed to affect the rights of transferees for consideration without notice.
Illustrations
(a) A gives a field to B, reserving to himself, with B's assent, the right to take back the field in case B and his descendants die before A. B dies without descendants in A's lifetime. A may take back the field.
(b) A gives a lakh of rupees to B, reserving to himself, with B's assent, the right to take back at pleasure Rs. 10,000 out of the lakh. The gift holds goods as to Rs. 90,000, but is void as to Rs. 10,000, which continue to belong to A.
127. Onerous gifts.-Where a gift is in the form of a single transfer to the same person of several things of which one is, and the others are not burdened by an obligation, the donee can take nothing by the gift unless he accepts it fully.
Where a gift is in the form of two or more separate and independent transfers to the same person of several things, the doneee is at liberty to accept one of them and refuse the others, although the former may be beneficial and the latter onerous.
Onerous gift to disqualified person.-A donee not competent to contract and accepting property burdened by any obligation is not bound by his acceptance. Bu t if, after becoming competent to contract and being aware of the obligation, he retains the property given, he becomes so bound.
Illustrations
(a) A shares in X, prosperous joint stock company, and also shares in Y, a joint stock company in difficulties. Heavy calls are expected in respect of the shares in Y. A gives B all his shares in joint stock companies. B refuses to accept the shares in Y. He cannot take the shares in X.
(b) A, having a lease for a term of years of a house at a rent which he and his representatives are bound to pay during the term, and which is more than the house can be let for, gives to B the lease, and also, as a separate and independent transaction, a sum of money. B refuses to accept the lease. He does not by this refusal forfeit the money.
128. Universal donee.-Subject to the provisions of section 127, where a gift consists of the donor's whole property, the donee is personally liable for all the debts due by l[and liabilities of] the donor at the time of the gift to the extent of the property comprised therein.
129. Saving of donations mortis causa and Muhammadan Law.-Nothing in this Chapter relates to gifts of moveable property made in contemplation of death, or shall be deemed to affect any rule of Muhammadan law 2[* * *].
Theja
(Expert) 02 November 2009
A gift once duly made and accepted can not be cancelled or revoked at the will of the person so gifting (donor). But, it can be cancelled as per sec. 126. upon happening of a condition agreed to between the parties under the transacton of gift.
So in your case A can not cancel the gift, unless a provision as above explained is available under the said trnasaction.
Raj Kumar Makkad
(Expert) 02 November 2009
A has got no authority to cancel the ift and take the possession of the gifted property back as he is not the owner of the property gifted now. It is the desire of B whether he returns the property back to you by way of fresh gift or otherwise.
After death of B, if he is married then his widow and children shall become his legal heirs and if not married that legal heirs mentioned in schedule shall become his legal heirs.
adv. rajeev ( rajoo )
(Expert) 09 November 2009
If condition of the gift is violated then it can be cancelled, otherwise it cannot be.
