Srinivas Dudala (Advocate) 24 September 2011

How to revoke gift given to municipality

Dear Friends,

One of my client has gifted his property to municipality, to use the same for construction of toilets, in the year 1980. While that being so, now the said municipality is using the same for a different purpose. Can now, my client revoke the Gift from the municipality.

The 2nd question is one of my friend has gifted his property to his minor daughter, and after completion of the transaction, my clients wife along with the minor daughter has filed Domestic Vilence Case. So, can my client revoke the said Gift, and go for divorce for the mischief played by his wife. Pl. suffest in detail.

Thank you,

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5 Replies

Madan Mohan Pandey (District and High court advocate) 24 September 2011

Dear Sir, a gift when takes place then there is no such condition after its utilization but a gift is an absolute gift. So It cannot be revoked again.But You may file a case that your gifted proprty is being used for different purpose .But the plea the municipality will take s that its being sefor public purpse d that ws the motive you had behind makng the gift.

anuradha (student) 25 September 2011

Hi,

If the deed has certain terms are conditions that the gift is done for a particular purpose you can revoke it as it is conditional contact as per Transfer of Property Act.

Anjuru Chandra Sekhar (Advocate ) 25 September 2011

If that is not a conditional transfer, (i.e., in the Gift deed you should have put a condition that the said property shall be used only for a specific purpose otherwise, the transfer of property shall cease to have effect) you cannot do anything against Municipality if it uses it for a different purpose.

For second question, there is no correlation between the gift deed and domestic violence case. Once gifted it is difficult to revoke the gift for the reason that the terms are not good between person making gift and the person accepting it.