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paul (Training Admin Coordinator)     15 April 2025

Can the unconditional gift deed be cancelled

I have given a unconditional gift deed of my home to my wife. I realised now I made a blunder mistake, Now my wife left the home with kids and the original documents. I feel if I can cancel the gift deed she will comeback to my house with kids. Please advise,



 5 Replies

Rama chary Rachakonda (Secunderabad/Telangana state Highcourt practice watsapp no.9989324294 )     15 April 2025

Cancelling an Unconditional Gift Deed In India, once a gift deed is executed and registered, it's generally irrevocable.

 However, there are some exceptions and potential avenues to explore.

Key Considerations - *Irrevocability*: Gift deeds are typically irrevocable, meaning they cannot be cancelled unilaterally. -

*Conditions for cancellation*: A gift deed can be challenged or cancelled under certain circumstances, such as: -

 *Fraud or coercion*: If the gift deed was obtained through fraud, coercion, or undue influence. -

*Mental incapacity*: If the donor was not of sound mind or was mentally incapacitated at the time of executing the gift deed. -

*Non-acceptance*: If the donee (your wife) did not accept the gift.

Potential Courses of Action -

*Consult a lawyer*: It's essential to consult a lawyer specializing in property law to assess your specific situation and explore potential options. -

 *Legal notice*: Your lawyer can help you draft a legal notice to your wife, which may prompt her to reconsider her actions. -

 *Court proceedings*: If necessary, you may need to initiate court proceedings to resolve the issue.

Reconciling with Your Wife While cancelling the gift deed might not be straightforward, you can explore reconciliation options: -

*Counseling*: Consider couples therapy or counseling to work through your issues. -

 *Mediation*: A neutral third-party mediator can help facilitate a discussion between you and your wife.

 Important Reminders - *Prioritize your relationship*: Focus on rebuilding your relationship with your wife and children. -

 *Seek professional advice*: Consult with a lawyer and/or a therapist to navigate this challenging situation. Given the complexity of your situation, it's crucial to seek personalized advice from a qualified lawyer who can assess your specific circumstances and provide guidance on the best course of action.

1 Like

R.K Nanda (Advocate)     15 April 2025

Yes,  it can be canceled. 

1 Like

paul (Training Admin Coordinator)     15 April 2025

Thank you very much for your valuable advice sir, tried with a mediator she is not willing to come for a talk. If she comes for a talk I can request for a counselling. She is not even allowing me to meet my kids. I am meeting them in the schools without her knowledge. Then only option is to send a legal notice 

kavksatyanarayana (subregistrar/supdt.(retired))     15 April 2025

The Gift deed, whether conditional or unconditional, to cancel the gift deed, the donor and the donee shall execute the deed. (2) As your wife left the house, and if you are not interested in divorce, you can file an RCR under the HM Act (sec.9), and your wife is not allowing you to meet your kids, and you can send a legal notice to your wife.

T. Kalaiselvan, Advocate (Advocate)     16 April 2025

A gift deed cannot be revoked unilaterally by the donor after it has been executed and accepted by the donee, unless specific conditions for revocation are provided in the deed or under the law.

Any attempt to unilaterally cancel a gift deed is generally considered void and unenforceable.

Courts have consistently upheld the principle that once a gift is complete, it cannot be rescinded unless specific conditions for revocation exist,


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