A.
Dear Client,
If the gift was made without complying with the provision of Section 122 of the Transfer of Property Act, 1882 that cannot be considered a gift. According to Section 122 of the Act, Gift is defined as the transfer of certain existing moveable and immovable property made voluntarily and without consideration, by one person called the donor, to another, called the donee, and accepted by or on behalf of the donee. A gift is a gratuitous transfer of ownership made voluntarily and without any consideration. If it is proved that the gift was not made voluntarily and made in exchange for consideration, the gift may be considered invalid and void. Under Section 126 of the Transfer of Property Act, a gift is revoked also on any of the grounds on which it might be rescinded had it been a contract. Section 19 of the Indian Contract Act provides that where consent to an agreement is caused by coercion, undue influence, fraud, or misrepresentation, the agreement is a contract voidable at the option of the party whose consent was so obtained. Therefore, in a gift deed if it is mentioned that the donor was financially assisted by the donee, then on breach of the provision of Section 122 of the Transfer of Property Act, the said deed of gift shall be considered void being infructuous and unenforceable under the law. Accordingly, that very fact behind a deed of gift that appears on the face of record shall vitiate all the subsequent transfers of the said property made between the parties. So, when a deed of gift of a property is not legally valid, subsequent purchase/transfer of the said property shall not be considered legally valid under the law.
Posted On 10-Aug-2024
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