Revocation of gift deed after donee's death
2 years ago
Sir,
my mother gifted a property to my maternal grandfather in 2017
My mother was forced by my maternal grandfather for this gift
My grandfather died this year i.e 2021
Can my mother claim it back?
Or will the property be shared equally within the coparcenors?
revoked. According to it, 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.
However, the validity of the gift deed may be challenged if the gift was forced. A gift must have been made voluntarily: The offer to make the gift must be voluntary. A gift therefore should be executed with free consent of the donor. This consent should be untainted by force, fraud or undue influence.
It is also important to note that mere relationship between the donor and donee is not a conclusive fact of the exercise of undue influence and it must be proved that the transaction is unconscionable.
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A.As per Section 126 pf Transfer of Property Act a gift can only be revoked at the will of both Donor and Donee. Since the donee is dead here hence the gift cannot be revoked anymore and the said gifted property will be be passed on to the legal heirs of the Donee.
Section 126 in The Transfer of Property Act, 1882
126. 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be revoked in any of the cases (save want or failure of consideration) in which, if it were a contract, it might be rescinded.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. Nothing contained in this section shall be deemed to affect the rights of transferees for consideration without notice.
Vaidehi Samant
Responded 2 years ago
A.Only if revocation pertaining clause is present in the gift deed it can be revoked otherwise it will get distributed in all her legal heirs in equal proportions except in the case such other legal heirs are ready to execute a Release deed in respect of the property. Thank you.
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