rajvinder singh (advocate) 12 October 2009

gift deed

A, husband has executed a gift deed in favour of B, his wife out of love and affection. After some she has sold some property out of it. Later she has obtained divorce from her husband. Now whether as the consideration for execution of hte gift deed is the love and affection and when it is severed, can A seek for cancellation of the gift on that ground.

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Suchitra. S (Advocate) 13 October 2009

Rajvinder Ji,

A gift deed cannot be revoked if it is acted upon. And a gift deed is irrevocable generally and only in exceptional circumstances it can be revoked before it is acted upon , by the sompetant court.

So, in this case, 'A' cannot revoke the gift deed now.