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Gift Deed - claiming revocation
1 year ago
1. Is Gift Deed Paper required for claiming revocation?
2. How to prove Fraud occurs in Gift Deed?
3. Can Willed Gifted property be revoked?
A.Hi client,
Once a donee accepts a gift deed in their favour from the donor, revocation of such gift deed is tough. Still in many cases were the gift deed was made or created by fraud or any other representation , it can be revoked. Please consult an advocate for the queries.
Thanks and Regards
Simi Paul
Once a donee accepts a gift deed in their favour from the donor, revocation of such gift deed is tough. Still in many cases were the gift deed was made or created by fraud or any other representation , it can be revoked. Please consult an advocate for the queries.
Thanks and Regards
Simi Paul
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Subhashis Paul
Responded 1 year ago
A.For all your queries you need to explain your problems much more precisely and in detail so it can be understandable for the lawyer to answer your queries exactly.
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Subhashis Paul
Responded 1 year ago
A.For all your queries you need to explain your problems much more precisely and in detail so it can be understandable for the lawyer to answer your queries exactly.
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A.Dear Sir,
Cancelling a Gift:
Section 126 provides two modes of revocation of Gift:-
1. Revocation by mutual agreement:- A gift may be revoked upon the happening of an event which is not dependent on the donor where the donor and donee may agree. The revocation must be in express form and not of a wish or desire.
2. Revocation by rescission:- The gift is a transfer of ownership without any exchange of money or any consideration which is made voluntarily. So, where there is no free consent of the parties, the gift can be revoked or if it is obtained by coercion, undue influence or fraud then the gift is voidable.
CASE
“S. Sarojini Amma v. Velayudhan Pillai Sreekumar 2018 SCC OnLine SC 2200”
“In this case, the Supreme Court observed that there was no completed gift of the property which is in question to the respondent by the appellant and the appellant had right in cancelling the deed.”
Conclusion:
The Transfer of Property Act, 1882 lays down provisions relating to gift deed and cancellation of the gift deed. Any person who is the real owner of the property can transfer his or her property to anyone by way of gift. A gift deed actually says that any person who is the owner of the property can transfer the property to another person without any consideration. Similarly, there are provisions for cancellation of the gift deed as well.
Cancelling a Gift:
Section 126 provides two modes of revocation of Gift:-
1. Revocation by mutual agreement:- A gift may be revoked upon the happening of an event which is not dependent on the donor where the donor and donee may agree. The revocation must be in express form and not of a wish or desire.
2. Revocation by rescission:- The gift is a transfer of ownership without any exchange of money or any consideration which is made voluntarily. So, where there is no free consent of the parties, the gift can be revoked or if it is obtained by coercion, undue influence or fraud then the gift is voidable.
CASE
“S. Sarojini Amma v. Velayudhan Pillai Sreekumar 2018 SCC OnLine SC 2200”
“In this case, the Supreme Court observed that there was no completed gift of the property which is in question to the respondent by the appellant and the appellant had right in cancelling the deed.”
Conclusion:
The Transfer of Property Act, 1882 lays down provisions relating to gift deed and cancellation of the gift deed. Any person who is the real owner of the property can transfer his or her property to anyone by way of gift. A gift deed actually says that any person who is the owner of the property can transfer the property to another person without any consideration. Similarly, there are provisions for cancellation of the gift deed as well.
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