My father had gifted a pc of land to a trust in 1968 for construction of a community hall. Till date they have not done citing the reason that they have been unable to evacuate the same from a tennant who is there since then. My father wrote to the Trust that after his death the gift be revocked and the land be handed over to his only child and lehal heir-me. The land is in Amritsar Punjab. What shall I do ?
1) is it mentioned in gift deed that land has been given for construction of community hall ?
2) once gift deed Is made title to property passes on to trust
3) is there a revocation clause in gift deed? gift deed can be revoked only if revocation clause is provided in gift deed
4) contact a local lawyer. The clauses in gift deed have to be perused for further advice
1. Is the gift deed conditional?
2. Unless the gift deed is conditional i.e it lays down that the deed will be cancelled if the community hall is not constructed, your father cannot unilaterally cancel it.
3. In order to cancel the gift deed your father is required to file a case for cancellation of the gift deed in the court which can cancel it.
n Murikipudi Ankamma v. Tummalacheruvu Narasayya, AIR 1947 Madras 127, learned single Judge of Madras High Court held that in the absence of any express reservation of a power of revocation in the gift deed a donor does not continue to have the right to revoke a gift. For if a man will improvidently bind himself up by a voluntary deed, and not reserve a liberty to himself by a power of revocation, a Court will not loose the fetters he has put upon himself and without reservation of power to revoke, gift cannot be revoked under Section 126 of the Transfer of Property Act.
15. In Gandadhara Iyer v. Kulathu Iyer Sankara Iyer, AIR 1952 Travancore-Cochin 47, a Division Bench of the said Court held that when there is an out-and-out transfer by way of gift followed by a direction to the donee to maintain the donor the latter direction is only a pious wish. On the other hand, if the gift deed starts with a statement that it is made with the object of providing for the maintenance of the donor and this statement is followed by the operative clause, there can be no doubt that the gift is subject to the liability to maintain the donor. Thus, where after the operative portion of the gift deed other clauses providing for the expenses in connection with the donor's funeral ceremonies and for the services expected from the donee are introduced, the directions will not give any right to the donor to revoke the gift if the conditions are not observed.
16. In M. Venkatasubbaiah v. M. Subbamma, AIR 1956 Andhra 195, learned single Judge held that a gift subject to the condition that the donee should maintain the donor cannot be revoked under Section 125 for failure of the donee to maintain the donor firstly for the reason that there is no agreement between the parties that the gift should be either suspended or revoked: and secondly this should not depend on the will of the donor. Again, the failure of the donee to maintain the donor as undertaken by him in the document is not a contingency which could defeat the gift. All that could be said is that the default of the donee in that behalf amounts to want of consideration. Section 126 itself provides against the revocation of a document of gift for failure of consideration. If the donee does not maintain the donor as agreed to by him, the latter could take proper steps to recover maintenance etc. It is not open to a settler to revoke a settlement at his will and pleasure and he has to get it set aside in a Court of law by putting forward such pleas as bear on the invalidity of gift deed. Similar view was taken by Judicial Commissioner of Himachal Pradesh in Smt. Gaurju v. Tara Chand, AIR 1962 HP 4.
17. A learned single Judge of Orissa High Court in Tila Bewa v. Mana Bewa, AIR 1962 Orissa 130, has also held that gift cannot be revoked for failure of donee to maintain donor under Sections 126 and 122 of the Transfer of Property Act as there was no agreement between the parties that the gift could be either suspended or revoked.
18. In Union Bank Ltd. v. Mst. Ram Rati, AIR 1954 Allahabad 595 (Lucknow Bench), learned single Judge has held that a gift would be a valid gift if the gift has been accepted even though the document may not have been registered at the time of the execution of the document and it cannot be revoked subsequently, if the document has been registered. Further it is said that a completed gift takes effect from the date of the execution and not from the date of registration
A Division Bench of this Court in Smt. Shakuntla Devi v. Smt. Amar Devi, AIR 1985 HP 109, has held that if the gift not based on fraud, undue influence or misrepresentation its cancellation is not valid under Section 126 of the Transfer of Property Act.
20. In Vannathi Valappil Janaki v. Puthiya Purayil Paru, AIR 1986 Kerala 110, a learned single Judge of Kerala High Court has held that when a gift of immovable property has been accepted by the donees and they are in possession of the property the fact that after making the gift the donors felt that it was a folly or imprudence or want of foresight on their part to have executed the deed of gift will not clothe them with power of revocation of the gift under Sections 126 and 122 of the Transfer of Property Act.
21. Alearned single Judge of Himachal high Court in Mool Raj v. Jamna Devi, AIR 1995 HP 117, has held that when no specific condition of revocation has been made in the deed itself, in the event of failure of the donee to render services to the donor or maintain the donor the gift cannot be revoked under Section 126 of the Transfer of Property Act.
When ever a gift deed is generated the title is transferred to Donor to Donee . It is very difficult to revoke the gift deed unless the gift deed is done for a conditional purpose and it is properly explained in that deed. So a unilateral revocation is not done in your case. A Gift deed cannot be revoked for failure of donee to maintain donor under Sections 126 and 122 of the Transfer of Property Act as there was no agreement between the parties that the gift could be either suspended or revoked. Thoroughly read the gift deed.
Now the experimental remedy before you is that, send a lawyer notice stating that surrender the property if they are not willing to construct community hall with in a stipulated time .You can get a replay from them and take action as appropriate from their replay
Is your father alive now?, What kind of a an agreement was made with the trust to transfer his land to it?, the details are to be seen for a proper opinion.
If your father is alive, ask him to reclaim the landed property owing to the condition that was not complied by the trust and the property still remains unutilised for the purpose it was given.
