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Keshav Bhardwaj   11 August 2020

Gift Deed

Can Donor take back his property after execution the Gift Deed, if the Donee agrees to give it back after 2 years of execution of that Deed (Especially if the Donee is minor)?

Also to take into regard that there is no threat, coercion, undue influence or against the Will in this case.

Can Minor Donee take it back after reaching the Majority, in case the Same Property is going to Sell after taking back?

If yes, Can he still take back even in case there any Court Order?


Learning

 5 Replies

kavksatyanarayana (subregistrar/supdt.(retired))     11 August 2020

The minor after attaining majority, he can gift the same property to his father or any relative or sell to anyone.  But during his minority, the guardian cannot sell it or transfer it unless the court is permitted.

G.L.N. Prasad (Retired employee.)     12 August 2020

If someone gives a property as gift on his own will, irrespective of the relationship and status as a previous donor the gift can be accepted.  A major can gift the property and after receiving the gift deed it can be dealt as though it is a self acquired property.

Rama chary Rachakonda (Secunderabad/Telangana state Highcourt practice watsapp no.9989324294 )     12 August 2020

he cannot unilaterally execute a deed revoking the gift settlement deed

P. Venu (Advocate)     12 August 2020

The donee can convey the property back to the donor. However, in the instant case,  the donee being a minor, any such transaction could be only after the donee attains majority. 

Dr J C Vashista (Advocate)     13 August 2020

Originally posted by : Keshav Bhardwaj
Can Donor take back his property after execution the Gift Deed, if the Donee agrees to give it back after 2 years of execution of that Deed (Especially if the Donee is minor)?Also to take into regard that there is no threat, coercion, undue influence or against the Will in this case.Can Minor Donee take it back after reaching the Majority, in case the Same Property is going to Sell after taking back?If yes, Can he still take back even in case there any Court Order?

During minority of the donee, the property can not be returned to donor without permission of District Judge through guardian. 

Also to take into regard that there is no threat, coercion, undue influence or against the Will in this case. What is the relevance of Will in the case of Gift Deed already registered 2 years before ? The testator of will has no property to bequeath / execute a will .

 


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