Gift deed cancellation

Gift deed once made and accepted by the donee cannot be cancelled. A gift deed is a sale deed without consideration. The power given in gift deed is the same as the case of sale deed. Essence of a gift is that it is gratuitous transfer. When there is a evidence to show that donee’s have accepted the gift and mutation in the revenue record has been effected, the donor cannot revoke it. (1993(2) KLJ 974). The assurance or promise made at the time of making the gift deed of the property executed by the mother in favour of her only daughter that the daughter would look after and maintain her mother throughout her life is not enforceable in law as such (AIR 1983 ALL 444). However the gift can be challenged on the grounds of undue influence and procured by fraud and misrepresentation. The essential ingredients of the gift are it is transfer of immovable property made voluntarily and without consideration by the donor and accepted by or on the behalf of the donee and such transfer must be effected by a registered instrument signed by the donor and attested by at least two witnesses. Acceptance may be made during the lifetime of the donor and while he is capable of giving.