• Gift deed

I had a joint property. Being pleased on the behavior of my nephew, I have executed an unconditional gift deed in his favor out of my share in the joint property and registered the Gift Deed in Sub-Registrar's office 20 years back . But I have so far neither handed over the possession of the land nor the Registered Deed to the Donee. Now, being displeased on him, can I unilaterally revoke the deed ?
Asked 1 year ago in Property Law from Bhubaneswar, Odisha
Religion: Hindu

1) you cannot unilaterally revoke the gift deed

2) once gift deed is executed duly stamped and registered your nephew would be absolute owner of property

3) you need court orders to set aside gift deed

Ajay Sethi
Advocate, Mumbai
69587 Answers
4181 Consultations

5.0 on 5.0

The gift should be handed over to the donee by the donor and this is also an essential condition of a valid gift. In your case the gift was never handed over and it is still in your possession as it is a joint family property and has not been partitioned. Therefore it is not a valid gift and therefore the deed does not hold.

Regards

Rahul Mishra
Advocate, Lucknow
5210 Answers
12 Consultations

5.0 on 5.0

You have to file suit to set aside gift deed on grounds that gift is not complete as no possession was delivered to donee

Ajay Sethi
Advocate, Mumbai
69587 Answers
4181 Consultations

5.0 on 5.0

1) The registered gift is irrevocable. The donor cannot revoke it . It is absolute.

The gift deed can be cancelled if the donor and donee mutually agree to do so.

The property gifted may cancelled through the process of the court that gift deed executed by way of fraud or coercion then only court has power to cancel the gift deed.

Mohammed Mujeeb
Advocate, Hyderabad
12143 Answers
4 Consultations

4.5 on 5.0

the gift should not be handed over to the donee, and if the gift is not in the possession of the donee in the lifetime of the donor, the gift deed is void.

regards

Rahul Mishra
Advocate, Lucknow
5210 Answers
12 Consultations

5.0 on 5.0

Unconditional gift can be revoked only by two ways-

1. By mutual agreement between both the parties

2. By rescission as in the course of contract i.e. by proving that the gift deed was not made voluntarily.

Abhilasha Wanmali
Advocate, Nagpur
897 Answers
1 Consultation

4.8 on 5.0

1. GIFT Deed is irrevocable. HOWEVER one of the MANDATORY provision is that the "Possession of the Property" should have passed on to the Donee, for the Gift Deed to be effective. ELSE the Gift Deed becomes null & void, ab-initio.

2. IF you can documentarily and thru irrefutable witnesses, prove that the Possession of the Property was never Given /Taken, .AND. that the property is still in your possession since last 20 years .AND. that the Property is NOT in Donee's possession, THEN you can rescind the Gift Deed, by filing proper Application in the local Civil Court, by giving relevant facts.

3. The above can be successfully done, even if the Donee creates Disputes

Keep Smiling .... Hemant Agarwal

Hemant Agarwal
Advocate, Mumbai
3008 Answers
17 Consultations

5.0 on 5.0

Sir. a gift can be revoked if the donee fails to adhere to the conditions laid down by the donor at the time of drawing up of the gift deed

A unilateral cancellation of a valid gift is invalid and only certain grounds for revocation of a gift are permitted under the law

Agift is one of the many ways by which the ownership of an existing movable or immoveable property can be transferred voluntarily and without any monetary consideration. The person who gifts the property is called the donor, and the person who receives the gift is the donee. In order to constitute a valid gift, the gift must be accepted by the donee.

Once a property has been gifted to the donee, the donor cannot subsequently revoke or cancel the gift. A unilateral cancellation of a valid gift is invalid. However, certain grounds for revocation of a gift are permitted in law. A gift may be suspended or revoked on specified grounds.

I f t here i s an agreement between the donor and the donee at the time of drawing up the gift deed that in future is suspended or revoked due to some reason, then the donor can lawfully revoke the gift at that point in time. However, such a specified event should not depend upon the will of the donor. In other words, such an event should be beyond the control of the donor.

For example, ‘A’ decides to gift his property to ‘B’ on the condition that ‘B’ has to maintain ‘A’ till the death of ‘A’. In this illustration, the condition for revocation is specified right at the outset and A’s power of revocation is in clear and unambiguous terms. ‘B’ has also agreed to the condition at the time of accepting the gift.

In the event of ‘B’ failing to maintain ‘A’, ‘A’ may validly revoke the gift and take back the gifted property from ‘B’ if the latter fails to look after him, because the gift deed provided for the power of revocation to ‘A’ and the gift has been made subject to the specified condition that ‘B’ has to maintain the donor ‘A’.

A gift which is a voluntary transfer of property can be revoked by the donor if his consent has been obtained by fraud, undue influence, misrepresentation or coercion.

Sanjay Baniwal
Advocate, South Delhi
4966 Answers
11 Consultations

5.0 on 5.0

The gift deed cannot be cancelled unilaterally. If the deed is executed and stamp duty is paid even in case the possession is not handed over the deed in normal circumstances cannot be cancelled but it can be pleaded that gift was not handed over since the deed is not valid.. The only remedy to cancel it is by the Order of civil court.

Shubham Jhajharia
Advocate, Ahmedabad
21309 Answers
83 Consultations

5.0 on 5.0

You can file a civil suit to set aside the gift deed on pretext that the gift was not complete since the possession of the said gift was not give any time and further gift was not complete. So in that case there is chance it may be revoked.

Shubham Jhajharia
Advocate, Ahmedabad
21309 Answers
83 Consultations

5.0 on 5.0

The other party has to be involved in the suit without involving it cannot be cancelled.

Shubham Jhajharia
Advocate, Ahmedabad
21309 Answers
83 Consultations

5.0 on 5.0

1. a gift once made becomes irrevocable

2. but there are also certain gifts which are conditional and the condition upon happening of which the gift is revoked must be a valid condition

3. yours is a case of an unconditional gift which is admitted by you

4. however it can be taken that the donee ie your nephew did not accept your gift as the possession of the gifted property is still with you

5. since the gift itself is not accepted by the done, the gift becomes invalid

6. acceptance of the gift is one of the essential requirements of a valid gift under transfer of property act

7. in your case there was no acceptance

8. however there is a registered gift deed

9. to cancel the above registered gift deed, you will have to file a suit in the court against the donee for cancellation and for declaring you as absolute owner of the property

19. you cannot cancel the gift deed without having a court order

Yusuf Rampurawala
Advocate, Mumbai
4738 Answers
29 Consultations

5.0 on 5.0

If there are conditions in the gift deed for future revocation then you may on those grounds. If not, then it is not possible unilaterally.

Shekhar Banerjee
Advocate, Delhi
156 Answers
1 Consultation

5.0 on 5.0

Gift is no completed yet, as possession not delivered and gift deed is merely a paper transaction but transfer of ownership valid,

Language of GIFT deed is imp. what it`s say, if conditional than invalid.

Yogendra Singh Rajawat
Advocate, Jaipur
14993 Answers
19 Consultations

4.6 on 5.0

legal notice issed then file civil court civil suit

Mahesh Pandey
Advocate, Jabalpur
2 Answers
1 Consultation

Not rated

The registered gift deed cannot be revoked unilaterally.

You may have to approach court of law for cancelling the gift deed based on the reliable and vital issues you now rely upon.

T Kalaiselvan
Advocate, Vellore
59440 Answers
756 Consultations

5.0 on 5.0

If not, what is the way out to cancel it unilaterally?

A registered document cannot be cancelled unilaterally by the executor of the document without the consent or knowledge of the beneficiary.

You may approach court of law for this purpose.

T Kalaiselvan
Advocate, Vellore
59440 Answers
756 Consultations

5.0 on 5.0

If not possible, what is the way out to cancel the same without involving the donee ?

You may not be able to cancel the gift deed without the knowledge of donee, hence you may have to implead him as a defendant in the suit to be filed seeking cancellation of the registered gift deed, for the vital reasons you may rely upon for this purpose.

T Kalaiselvan
Advocate, Vellore
59440 Answers
756 Consultations

5.0 on 5.0

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