See cannot file any case for money a notarized gift deed is also valid. You absolutely own the money and she has no right to ask it back.
Asking back gifted money
My sister had gifted me money 2 years back and has also made gift deed ( getting it notarised only). Now me and my sister are not having good relation and she is threatning me give her that money back or else she will file police case against me .CAN SHE DO SO ? OR WHAT ELSE WORST REPERCUSSIONS CAN HAPPEN TO ME ?
Asked 4 years ago in Civil Law
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21 Answers
THE transcation was through bank to bank .
Asked 4 years ago
See even transactions were through bank notarized gift is available therefore she cannot take any action.
You don’t have to return the money as she has gifted the money to you and executed gift deed in your favour
2) no case is maintainable against you
Gift once made can not be revoked. She can not do anything in this regard.
Even if she files police complaint of cheating it would not be maintainable
Dear Sir,
I suggest yes, if they ask for the money back then it was not a gift. Consider that this is an atypical person and may have given you the gift for ulterior motives-it was an inducement and not a gift. So it seems like you did not do what the person expected you to do in return of getting the gift.
You do not have to give it back but I would encourage to you to give it back if you can and free yourself. Unless you no longer have the money and cannot afford it. Still tell the someone you would really like to give the money back and even negotiate terms for giving it back if you are not able to return it all at once
Respected mam, As i said in my primary question that a GIFT DEED has been made in my favour clearly stating that this money was transfered to me out of love and affection without hoping any favour inreturn from me . Than also do i have stand in position ( by law) to give her gifted money back?
Asked 4 years ago
Since money has been transferred in your name out of love and affection question of refund does not arise
Dear Sir,
Is revocation of a gift possible?
The deed can be revoked only under following conditions
If there is a mutual agreement between the donor and the donee.
If the property transfer was not accepted by the donee.
If it is a gift deed which is irrevocable she can't ask the money again. She can't even complaint to police as she willingly gifted it to you
No need to return back the money and no need to live under fear, she can't do or is unable to initiate legal proceedings in the light of notarized gift deed, she may but these will be aborted proceedings.
No you are not required to return the money to sister.
Dear Client,
As per facts, under Section 126 of the Transfer of Property Act provides that a gift may be revoked, A gift deed that has not been registered does not pass any title of ownership of the property in favour of the donee.
You can me call through KAANOON for more detail.
NO, gift once done, not revocable.
Gift deed is evidence of her intention, why money was given, so she can`t claim back.
- A gift can be revoked only if the article gifted exists. If it has ceased to exist by virtue of being used up by the donee, then the donor cannot revoke the gift.
- So the only question is whether you have used up the money gifted to or not. If you have not, you are best adviced to return it. If you have; then the donor (ie your sister) cannot ha any claim over it, nor can she take any legal action to recover it.
- For further consultation regarding this,
Gift of money is out of love and affection. There is no agreement to return the money. Since she has no good relation, she wants her money back. Legally your sister has no case - civil or criminal. Lodging a complaint to police is just a threat.
It seems that she helped you out of love and affection and you despite her help not giving any respect to her. Trifles of brother and sister can be resolved mutually with love and affection not legally. If she helped you at the time of your need and now she wants that money back, what is wrong in it. Please go to your sister. Say sorry and promise her to give her money back in instalments. You may also mention that as per gift deed you agreed that the money is not to be returned but now you breach the love and affection, I am ready to give back the money as and when it is available with you.
She can sue you stating that she transferred money as if you asked her for financial help. Is there any document that you have as it was gifted to you.
No she cannot claim the money back if it was gifted to you.
And police will not entertain her case as it is a suit of civil nature.
The money given as gift cannot be taken back or demanded by the donor.
The law of gift is unconditional and cannot be revoked.
hence her complaint regarding this with the police is not maintainable
If you have evidence for the gift transfer of this money then she cannot claim it back.
The gift deed is made on the basis of love and affection and unconditional, hence it is not revocable.
Therefore you do not have to return it even if she demands it.
Let she approach court or police, you can challenge the same as per law.
- As per the information mentioned in the present query, makes it clear that your sister had executed a gift deed and the same was notarised also giving legal sanctity to the deed.
- Gift deed once executed then it can’t be revoked back.
- And that is for the reason that it is always executed our of free will which can’t be put in question later in future.
- You don’t have to return the money to her as you have a valid document.