Sameer Sam (.) 10 November 2016

Gift deed revoke

Hello Sir/Madam,

Can the gift deed be revoked by "Parents(donor) or Child1(Non-Donee)" after registration is already done to the Child2(Donee). In this scenarion Parents have 2 children one who received the gift and the other dint. Can the gift deed be revoked by Parents or Child1

1. When no condition is specified in the gift deed?
2. When a Condition is specified in the gift deed?

Regards
Sam

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5 Replies

Ms.Usha Kapoor (CEO) 10 November 2016

QWhen no conditions are specified in the gift deed the gift deed is irrevcable and binding on the parties.

If conditions are specified in the gift deed the gift Deed is void.

If both parties, donor AND DONEE consent cancellation of gift deeed can be done.

u cannot execute a conditional gift deed as per the conditions what you are mentioning here. Instead of making a dummy gift deed, you can very well not make anything. You can make the donee an absolute owner orally and allow him to enjoy the full benefits for his lifetime without any interference while the property still lying in your name itself. A gift may be conditional subject to provisions of TPA as laid in section 26 cited below: 26. 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be revoked in any of the cases (save want or failure of consideration) in which, if it were a contract, it might be rescinded.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. Nothing contained in this section shall be deemed to affect the rights of transferees for consideration without notice.

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