• Can gift settlement made under threat be revoked

Since my friends husband expired ,she was forced to do gift settlement by sister in law’s within a span of 6 months from the date of her husbands death ..Now it’s been 6 months after settlement ,can it be revoked ?
Asked 7 years ago in Civil Law

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16 Answers

Once the gift deed is executed you cant cancel/revoke it and it can only be cancelled through the process of the court by challenging it. Only if you are able to prove that it is done by playing fraud or other reasons.

Citation

Renikuntla Rajamma (D) By Lr vs K.Sarwanamma

Mohammed Mujeeb
Advocate, Hyderabad
19388 Answers
32 Consultations

A suit for cancellation of the gift can be filed for cancellation of the Gift deed before the civil suit on the ground that the GIFT was made under force and coercion as no gift under force is valid. The plaintiff that is she has to establish the force before the court.

Shubham Jhajharia
Advocate, Ahmedabad
25513 Answers
179 Consultations

1. Registered Gift Deed can not be revoked.

2. She can lodge a police comlaint against the said beneficiaries for torturing her in registering the said gift deed in their favour and he reason for her not lodging the complaint immediately.

3. Thereafter she can file a declaratory suit praying for a declaration that the said gift deed was registered under duress hence is to be considered as invalid with a direction upon the Registrar to cancel the said gift deed.

4. Based on the said order, the Registrar will cancel the said gift deed.

Krishna Kishore Ganguly
Advocate, Kolkata
27738 Answers
726 Consultations

1. No agreement based under force, threat or coercion is valid under the eye of law.

2. Since this lady out to distress and threat while making this gift deed her consent was not free and hence the gift deed is vitiated and can be declared as null and void.

3. So to do so she must file a suit for declaration in the local civil court for setting aside the deed.

4. in the meantime the possession of the property so gifted must not be parted with as the same would bolster her chances of success in the suit for nullity.

Devajyoti Barman
Advocate, Kolkata
23669 Answers
538 Consultations

Yes, it can be revoked. 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 gift deed.

Section 126 of Transfer of Property Act 1882 states 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.

In your case it can revoked on the ground of force or coercion.

SHRI GOPAL VERMA

ADVOCATE ON RECORD

SUPREME COURT OF INDIA

Shri Gopal Verma
Advocate, Delhi
422 Answers
23 Consultations

If this gift was made on account of coercion or undue influence, this can be revoked.

Vibhanshu Srivastava
Advocate, Lucknow
9770 Answers
323 Consultations

Hello,

It can not be revoked but the same can be challenged saying that the consent was taken by fore and was not given by will.

Regards

Anilesh Tewari
Advocate, New Delhi
18103 Answers
377 Consultations

What are the terms of settlement has to be seen but it can be revoked.

Koshal Kumar Vatsa
Advocate, Gurgaon
2282 Answers
3 Consultations

She has to file suit to set aside gift deed under coercion

2) seek injunction restraining SUL from selling the property

Ajay Sethi
Advocate, Mumbai
100074 Answers
8172 Consultations

1. Once a gift deed is executed the title in the property instantaneously passes to the donee from the donor whereupon the donor ceases to have any right, title or interest in the property. So there cannot be a unilateral revocation of the gift deed by the donor.

2. The gift deed can be cancelled only by the civil court now. Your friend has to file a suit for cancellation of the gift deed on the ground that it was executed under coercion and undue influence by her sister-in-law. She will have to prove that free consent was vitiated through coercion, which is easier said than done. The onus to prove coercion/undue influence through cogent evidence will be on her.

Ashish Davessar
Advocate, Jaipur
30843 Answers
982 Consultations

1. IF the property belonged to the Husband, AND "IF" the property was not transferred to the Wife, THEN the wife has no legal authority to execute any Gift Deed, which shall remain illegal for any & all purposes.

2. Further IF the Gift Deed was LEGITIMATE in all senses & duly Stamped & Registered, THEN the Gift Deed CANNOT be revoked /cancelled, in any way.

Keep Smiling .... Hemant Agarwal

Hemant Agarwal
Advocate, Mumbai
5612 Answers
25 Consultations

It can be revoked through court by filing cancellation of gift deed suit on the ground that it was given without will and due to force.

Abhilasha Wanmali
Advocate, Nagpur
1021 Answers
1 Consultation

It can be cancelled through court order only.

Yogendra Singh Rajawat
Advocate, Jaipur
23085 Answers
31 Consultations

1. a gift has to be made with voluntary consent and with a free mind

2. such a gift can be revoked by filing a suit in court

Yusuf Rampurawala
Advocate, Mumbai
7934 Answers
79 Consultations

Yes she can file a suit for cancellation of registered gift deed before concerned civil court besides lodging a criminal complaint against the culprits.

T Kalaiselvan
Advocate, Vellore
90278 Answers
2510 Consultations

If you have enough evidence to prove that the gift was obtained under threat, you may successfully challenge the execution of the gift deed.

Swaminathan Neelakantan
Advocate, Coimbatore
3084 Answers
20 Consultations

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