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Can gift deed be revoked

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2 2021-09-24T18:57:21+00:00
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If you are wondering can a gift deed be revoked you must know what a gift deed is. 

There are many ways to acquire a property. One of them is when a property is acquired by a gift deed. 

Meaning of a Gift Deed:

The legal document which records everything related to a property when it is transferred to a family member by gift is called a gift deed.

When can a property be considered as a gift?
  1. The property should be movable or immovable.

  2. It must be a transferable property.

  3. The property should be tangible.

 Section 126 of the Transfer of Property Act states that the donor or the donee must have a mutual understanding and the gift can be revoked or suspended by the donor at any time.

Documents required for registration to cancel a gift deed:
  1. Original copy of the gift deed.

  2. Copy of Aadhar Card.

  3. ID Proofs like voter card, pan card, driving license.

  4. Sale deed

When can a gift deed be revoked?
  • If a donor and a donee do not agree on an event related to the gift of the property they can express a wish or desire to revoke the gift deed.

  • A gift can be revoked based on revocation by the recession. A gift of a property is a transfer of ownership without any exchange money. Therefore if both the donor and the donee do not have mutual consent the gift deed can be revoked.

Hope you know now when can a gift deed be revoked.

Can gift deed be challenged in court?

Can you sell a property gift without consent

?

A few months ago, my father’s uncle asked this query

can a deed of gift be revoked. I researched about it and informed him that a gift

deed can not be revoked. It is because gifts are typically considered final and irrevocable once completed, under Section 122 of the Transfer of Property Act, 1882. However, there are certain exceptions in which a gift deed may be reversed. I have mentioned the same below.

Can Gift Deed Be Reversed?

A gift is the voluntary transfer of property from the donor (giver) to the donee (receiver) without consideration. To answer your query, can gift deed be revoked, in simple language I will say no. You can, however, withdraw your gift deed under specific circumstances.

  • A gift deed can be revoked if both the donor and donee agree to the revocation. At the moment of execution, the deed itself should specifically state this mutual agreement. After that, the donor and donee may request cancellation from the court.

  • If the donor can prove that the gift was made under fraud, coercion, or undue influence, the gift deed can be challenged and potentially revoked in court. The donor is required to back up these assertions with significant evidence.

  • If the gift deed is made with certain conditions, and those conditions are not fulfilled by the donee, the donor may revoke the gift. However, these conditions must be clearly stated in the gift deed at the time of execution.

  • A gift of future property is void under Indian law, so if the property has not yet come into the donor's possession, the gift can be revoked.

To revoke a gift deed, the donor usually needs to approach a civil court, providing proof of fraud, coercion, or other valid grounds for revocation. The court will then decide based on the merits of the case.

Your query for can a deed of gift be revoked should be solved.

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Can Gift Deed be Challenged in Court by Legal Heirs 2024

 

Wondering can a deed of gift be revoked? A gift deed is a legally binding document that transfers ownership of property from the donor (giver) to the donee (recipient) without any consideration. Once a gift deed is properly executed, it becomes irrevocable. Like a contract, a validly conveyed deed is binding and cannot be easily undone.

Can a Property Gift Deed be Revoked?

No, but there are some exemptions regarding the revocation of a gift deed:

  • Mistake: If the gift was made due to a mistake (which is rare for property transfers), it might be possible to revoke it.

  • Connivance: If the recipient’s ownership would be unconscionable due to fraud or undue influence, rescission could be considered.

  • Gift Causa Mortis: In certain cases, gifts made in anticipation of the giver’s imminent death (gift causa mortis) can be revoked under state law provisions.

  • Improper Creation: If the gift deed was not properly created (e.g., not registered or lacking essential details), it may be void.

The Supreme Court of India recognises valid reasons for gift deed cancellation, including forgery, non-registration, and non-compliance with specific conditions.

Remember that seeking legal advice is crucial if you want to know if your registered gift deed can be revoked or not.

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Can Gifted Property Be Taken Back?

 

Hello there. We received a property in the form of a gift deed a few years back. This was done to enable us to create a school on that land. However, we got to know that the gift deed is being attempted to be revoked. Luckily, we were aware of the legal steps to be taken. Hence, the matter was settled in our favour. So, for all those of you who do not know when gift may be suspended or revoked, keep reading. 

Can Gift Deed be Reversed?

The answer is yes, a gift deed can be revoked by the donor as per Section 126 of the Property Transfer Act. However, this can only be done under certain circumstances. They are as follows.

  1. A pact must be made between the two parties that are involved.

  2. This pact must be stated in the gift deed where a certain event can lead to the revocation of the gift deed.

Hence, it is always advised to add a clause regarding the revocation to avoid any unnecessary difficulties in the future. That’s all I had to share in this answer. I hope this helps you know whether the registered gift deed can be revoked or not. 

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Read More Gift Deed: Meaning, Registration and Taxes? Difference Between Registration of Agreement to Sale and Sale Deed?

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