• Conditional gift deed above 12 years

I have gifted property with condition in 2002.The condition was violated at it can be 100% proven. If i file a injuction at present whether it will be valid within time limitations or it will taken on evidences of violation. Request you to suggest if any law is applicable for time limitation if violation is 100% proven.
Asked 10 months ago in Property Law from Hyderabad, Telangana
Religion: Hindu
1) it is necessary to peruse conditional gift deed mentioned by you 

2) gift deed can be cancelled  if there is a clause that in event of violation of conditions of gift deed gift deed would stand revoked

3)Section 126 of the Transfer of Property Act deals when gift may be suspended or revoked. In effect the section provides that a gift may be suspended or revoked -

(1) by agreement of parties; and (2) on grounds on which a contract might be rescinded. As aforesaid the gift cannot be revoked and nothing in this section can affect the right of the transferee for consideration without notice. A gift can be cancelled or rescinded only under the following circumstances :-

(a) on the happening of an event specified in the gift deed;

(b) the donor and the donee must have agreed to such condition; acceptance of such condition specified in the gift deed must be agreed to by the donee while accepting the gift.

(c) the event agreed upon must be such that the happening of it does not depend on the will of the donor.

(d) the conditions so imposed must not be repugnant to the gift and should not illegal or immoral.

(e) a gift may also be revoked or rescinded as if it were a contract on the same grounds on which a contract can be rescinded except on the ground of failure of consideration.


4) if conditions mentioned in gift deed are violated gift deed can be revoked 
Ajay Sethi
Advocate, Mumbai
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What is the nature of suit which was filed in and dismissed by the court addl.junior civil judge? If the suit was for cancellation of the gift deed then another suit to claim the same relief cannot be filed on the same ground. Relay the complete facts,
Ashish Davessar
Advocate, Jaipur
18158 Answers
449 Consultations
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1) Article 66 of the Schedule appended to Limitation Act, 1963 applies to such suits where claim is based upon revocation of gift deed on ground of breach of condition of conditional gift,

2) Article 66 prescribes limitation period of twelve years for suit of
possession of immovable property when the plaintiff has become entitled
to possession by reason of breach of a condition to be reckoned from the
date when the condition is broken. 
Ajay Sethi
Advocate, Mumbai
23291 Answers
1220 Consultations
5.0 on 5.0
I have gifted property with condition in 2002.The condition was violated at it can be 100% proven. If i file a injuction at present whether it will be valid within time limitations or it will taken on evidences of violation. Request you to suggest if any law is applicable for time limitation if violation is 100% proven.
If the conditions of the gift has been violated rendering the gift deed as infructuous, a suit to declare the said gift deed as invalid or cancellation of the same due to the said reasons may be filed seeking to permit the cancellation of the registered gift deed.  You cannot cancel the gift deed unilaterally because it is is challengd by the beneficiary, the same may stand revoked.  Do not run a chance of risk. 
T Kalaiselvan
Advocate, Vellore
14056 Answers
127 Consultations
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In condition gift deed it is cleary mentioned that the property should be returned back if so the particular condition is violated.However legal notice was issued in 2012 and same was filled at Addl.Junior Civil judge and same was dismissed in 2015 due to prove my possesion over the property as it was on my late mothers name  . Now it was transfered and i wanted to file suit and request court to consider from date of notice issued i.e 2012 for 2015 & with 100% violation proofs.
If the conditions of gift deed were not honored or violated then you should have approached the court seeking permission to cancel the same or to declare it as null and void or invalid.  It is not known that what type of suit have you filed before court and hat was the decision of the court.  You wanted to know if you can file a fresh suit on the same lines, but see that is should not be affected by the law of resjudicata. 
T Kalaiselvan
Advocate, Vellore
14056 Answers
127 Consultations
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During the pendency of the suit my mother died on 06.04.2015 and suit was dismissed on 12.10.2015 as i became absolute owner of scheduled property. My mother also executed a register will in my favor.
Finally my only weakness in the case is time bond if they consider from 2015. If they consider from 2012 there will not be a problem. IF 2015 time bond is considered what is law applicable to revoke the conditional deed with all the proofs.
From your latest post it appears that you have filed a suit for permanent injunction, therefore it was a wrong relief you had sought.  You should have sought for declaring the gift deed as null and void or invalid due to the breach or violations of the conditions imposed therein . 
A conditional gift is one that is subject to or dependent on a condition. A conditional gift can be revoked if the recipient does not fulfill the conditions attached to the gift. A gift is a conditional gift and it is not final until some future event occurs. If the particular event does not occur, the person making the gift has the right to get back the gift. This gift is onerous - made with a burden or obligation imposed on the donee which has not been fulfilled.  Conditional gifts can be revoked based on donee not full-filling the conditions.  The limitation aspect can be waived based on the litigation already initiated within the limitation period. 
T Kalaiselvan
Advocate, Vellore
14056 Answers
127 Consultations
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1.File a petition for cancellation of the conditional gift deed for non compliance of the conditions with a prayer upon the registrar to cancel the registration of the said gift deed,

2. File a condonation of delay petition if it is too much delayed or submit that you have recently come to know about the non compliance of the conditions,
Krishna Kishore Ganguly
Advocate, Kolkata
12123 Answers
231 Consultations
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1. Gift Deed becomes invalid if physical possession is not given and accepted,

2. In your case the physical possession was left with you and not with the Donee,

3.You  can file a declaratory suit praying for a declaration that the said gift deed is  invalid on the account that the physical possession of the gifted property was never given nor the conditions mentioned in the gift deed has been complied by the donee.
Krishna Kishore Ganguly
Advocate, Kolkata
12123 Answers
231 Consultations
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1. You had already served a notice in the year 2012 upon the Opposite Parties,

2. Legal notices are not case specific and can be used for multiple subsequent cases,

3. So, you can file a suit referring  to the said legal notice issued by you in the year 2012.

Krishna Kishore Ganguly
Advocate, Kolkata
12123 Answers
231 Consultations
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If you have evidence to prove that the condition prescribed in the gift deed has been violated then you are free to file the appropriate suit. There is no limitation to file a suit for cancellation of the deed.
Ashish Davessar
Advocate, Jaipur
18158 Answers
449 Consultations
5.0 on 5.0

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