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CHETAN (BUSINESS CONSULTANT)     05 August 2009

GIFT REVOKE

I understand that gift deed can not be revoked. However, what if it is accompanied by a verbal promise from a donee that is not maintained?

My mother gifted property to her brother to prevent division of ancestral property but verbally told brother not to sell it. Now the brother has sold part of the property. Does she have any say now? Does the verbal commitment stand in court of law?

Chetan.  

 



Learning

 2 Replies

Y V Vishweshwar Rao (Advocate )     05 August 2009

Any contention which is not  mentioned  in the Document is  gaisnt the Document - The  Promise is not  incorporated in the Gift Deed  - Gift Deed  is with out any conditions - Sale is not  prohibited udner the Gift Deed - Gift once accepted with out any condition , it becomes the absolute proerty of the Donee -enforcment / Implimentaion of the Verbal Promise is difficult !   Proving the Promise is  Very difficult in the Court of Law !  

 

Deekshitulu.V.S.R (B.Sc, B.L)     07 August 2009

What ever condition is there it should be in the document only.If not every gift can be sought to be revoked on some verbal understadnign like your case.

 

sorry


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