Legal Guide

Can a Gift Deed be revoked?

by Bhavya Choudhary · 3 min read

Can a Gift Deed be revoked

Introduction

A Gift Deed is a legal instrument through which the legal owner of a property can transfer their ownership to another individual. The deed can be challenged on some particular grounds as deciphered by Indian law.

A gift is given out of gratitude or affection for a family or non-family member. There are several grounds on which the deed of gift can be revoked by the donor. The obvious question here is, “Can a Gift Deed be revoked?”

What are a Gift Deed and the essentials to make it valid?

  • A Gift Deed is a document that is of legal value, made to transfer a movable or immovable property as a gift to another individual who may or may not be a blood relative. The gift is given without any type of compensation.
  • The person who is giving or transferring is called the donor. The person who is receiving the transfer of the gift is called the donee.
  • The two parties have their consent to sign a Gift Deed. The donor has the right to question, “can a Gift Deed be revoked” if he feels that the property transferred is being misused. 

There are some essential factors mentioned in a Gift Deed to make it legally valid. These are as follows: 

  • The property gifted can be immovable or movable, but it must be an existing estate.
  • The acceptance of a gift is vital to mention in a Gift Deed because it is void if the donee refuses to accept it at some point. It is transferred during their lifetime.
  • The donor must be mentally capable of making decisions and above 18 years of age. A minor cannot become a donor, but they can accept gifts as a donee. Their guardian accepts gifts on their behalf by signing a legal document because minors cannot enter into a contract. The donor should be aware that can a Gift Deed be revoked to fully utilize their enforcement. 
  • The gift should be given without any consideration, and if it states any conditions that are intentionally attached, it must be complied with to make it valid.
  • The deed of gift should be made voluntarily, and no force or fraud should be involved.
  • The Gift Deed should be registered as it is mandatory as per the Indian Registration Act 1908.

What are the grounds for challenging a Gift Deed?

The donor can change their mind anytime and can revoke a Gift Deed. The declaration of a Gift Deed lawsuit can be used as a method to challenge the deed in a court of law. But if the donor wants an answer to “can a Gift Deed be revoked?” then the donor must be able to prove that the gift was taken against their wish and it was undue influence or deception.

Some grounds on which the question of can a Gift Deed be canceled depends:

  • Can a Gift Deed be revoked? The gift transfer was not voluntary/of free consent. It was under the pressure of some third party.
  • Can a Gift Deed be revoked? The deed might not have been properly drafted, or there was some mishap during registration.
  • Competence to enter into a contract is an answer to the query “can a Gift Deed be revoked,” and possibly the minor eligibility is in the question of revocation.
  • If there are conditions attached to the gift, the donee must comply and accept it with the conditions if they wish to. Completion of the conditions can be another answer to “can a Gift Deed be revoked?”
  • Can a Gift Deed be revoked? Yes, it can be canceled if the donor wants compensation from the donee in return. The compensation makes it invalid.

Termination of Gift Deed

  • Can a Gift Deed be revoked? Is answered where it presents legally valid reasons for termination. The evidence must be provided in full to be able to get back the property gifted.
  • The parties may have agreed to a revocation clause in the Gift Deed where every necessary term and condition for the revocation is elaborated. This might help to settle misunderstandings in the future, or the donor might need their property back and can receive it without hassles. If by any chance the donee refuses, the donor can seek legal advice for filing a lawsuit.
  • The question here is, “can a Gift Deed be revoked?” yes! The gift Deed can be revoked if the title transfer remains incomplete during the registration of the deed. This makes the Gift Deed void under the law provisions.

Process of revocation of Gift Deed

As per the Transfer of Property Act, Section 126 states that the gift can be taken back if the conditions required for revocation are met. These elements are considered for revocation:

  • Both parties must have mutual consent after the fact that the Gift Deed will be canceled if any specific circumstance occurs.
  • The incident should not be forced or influenced by any party.
  • The dean should have consented to the revocation clause if the donor decided to take back the property.
  • Lack of consideration is not a basis that defines it can cause revocation.

Conclusion

The blog deals with the question of that can a Gift Deed be revoked. The donor and donee can mutually decide if any additional clauses are needed to be used for the Gift Deed as unforeseen future complications may take place. Taking legal advice is important to determine if every clause is competent with various law rules and regulations.

The parties may take help from a property expert lawyer to ascertain every detail of the Gift Deed. The lawyer will draft the Gift Deed in a proper format to make it legally valid.

Bhavya Choudhary

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Bhavya Choudhary

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