Can I get a registered gift deed cancelled ?

281 votes

Section 126 of the Transfer of Property Act, 1882 deals with revoking or suspending a gift. According to the section, the donor and donee may agree that on the happening of any specified event which does not depend upon the will of the donor a gift shall be suspended or revoked. A Gift can also be revoked wholly or partly at the will of the donor if so is agreed between the parties.

The gift is a transfer of ownership without consideration. Like other transfers, a gift too can be made subject to certain conditions. A donor may make a gift subject to a condition of it being suspended or revoked in the gift deed. However, such gifts are governed by the provisions related to conditional transfer under the Act.
 

Canceling or revoking a Gift

Section 126 lays down two modes of revocation of Gift:

1. Revocation by mutual agreement of donor and donee:

Donor and Donee may agree that the gift shall be suspended or revoked upon happening of an event not dependent upon the donor. The condition revoking the gift must be express; it should not be merely in the form of a wish or desire. In other words, the condition on the non-fulfillment of which the donor may revoke the gift must be expressly laid down in the gift deed.
 
However, even if a condition is not laid down in the gift deed itself, and has been provided under a mutual agreement separately which forms a part of the transaction of a gift, the condition would be valid and enforceable.
 

2. Revocation by rescission as in the case of contracts:

The gift is a gratuitous transfer of ownership made voluntarily. However, if it could be proved that the gift was not made voluntarily, i.e., the consent of the donor was not free, the gift must be revoked. The gift is always preceded by an express or implied contract; offer by donor and acceptance by done. Thus, if the preceding contract itself is rescinded or revoked there is no question of taking place of transfer (gift) made under it. Accordingly, under section 126 of the Act, a gift is revoked on any of the grounds on which it might be rescinded had it been a contract.
 
Therefore, where consent for the gift has been obtained by coercion, undue influence, fraud or misrepresentation, the deed is voidable at the option of the party whose consent was so obtained. It is to be noted, that the period of limitation for the revocation of gifts on the ground of fraud, coercion, misrepresentation or undue influence is three years from the date on which the same comes to the knowledge of the donor.

LawRato LawRato

765 votes

There are two modes of cancellation of a gift deed under Section 126 of the Transfer of Property Act of 1882:

Revocation by mutual agreement of the donor and donee: The donor and donee may agree that the gift shall be suspended or revoked upon the happening of an event not dependent upon the donor. The condition for revoking the gift must be expressly stated in the gift deed or in a separate mutual agreement forming part of the transaction. This type of revocation is governed by the agreed-upon conditions.

Revocation by rescission as in the case of contracts: If the consent of the donor was not free and was obtained through coercion, undue influence, fraud, or misrepresentation, the gift can be revoked on the same grounds on which a contract can be rescinded. The period of limitation for revoking gifts on these grounds is three years from the date on which the donor becomes aware of fraud, coercion, misrepresentation, or undue influence.

It's important to note that the specific time limit for cancellation of gift deed on the grounds of fraud, coercion, misrepresentation, or undue influence is three years from the date of knowledge by the donor.

Advocate Sudershani Ray LawRato

500 votes

Generally, gift of immovable property given by the donor to the donee cannot be revoked or cancelled. However, Section 126 of the Transfer of Property Act, 1886 prescribes two scenarios where the gift could be suspended or revoked:

1) If donor and donee agree on the happening of a specified event (which doesnot depend on the will of the donor)
2) Revocation by rescission as in the case of contracts - For example, if it could be proved that the donor's consent was not voluntary and the donor was coersed to gift the property to the donee.

The above scenarios does not apply to gift of immovable property where both the donor and donee are "Muslims".

Advocate Mubarak Jan LawRato

546 votes

A gift deed once registered cannot be cancelled without the donee's signature. In your case, the gift can't be cancelled without your mother's signature or consent.

Nothing can be done without your mother's consent

LawRato LawRato

808 votes

Sir/Madam,
Normally a gift registered is become absolute, provided any condition mentioning like that of revocable clause in the said gift deed your grandfather can cancel the deed. Otherwise the said gift deed will be absolute and it cannot be cancelled or registered in some other's name.

Advocate B. Thirunavukkarasu LawRato

982 votes

Hello,

A gift deed cannot be revoked by your grandfather as it is registered with the register office.

It can be revoked only through filing of a case in the court. You can defend the court case also.

LawRato LawRato

487 votes

A registered gift deed in India can be a legally binding document that transfers property ownership from one person (the donor) to another (the donee) without any exchange of money. However, there are circumstances under which a registered gift deed can be cancelled. Here's what you need to know:
Grounds for Cancellation:

1. Fraud, Coercion, or Misrepresentation: If the gift deed was executed under fraud, coercion, or misrepresentation, it can be grounds for cancellation. The donor must prove that they were deceived or forced into making the gift.
2. Lack of Legal Capacity: If the donor lacked the legal capacity to understand the consequences of the gift deed at the time of execution, it can be a ground for cancellation.
3. Undue Influence: If the gift deed was a result of undue influence exerted by the donee or a third party, it can be challenged.
4. Revocation Clause: Some gift deeds may include a clause that allows the donor to revoke the gift under specific conditions mentioned in the deed.

Time Limit for Cancellation: The period of limitation for revoking gifts on these grounds is generally three years from the date on which the donor becomes aware of fraud, coercion, or misrepresentation related to the gift deed. However, it's essential to consult with a legal expert as there may be variations in the time limit based on specific circumstances.

Registered Gift Deeds and Revocation: It's crucial to note that once a gift deed is registered, it becomes a legally binding document. Registered gift deeds are generally challenging to revoke unless there are valid grounds as mentioned above.
In summary, while it is possible to cancel a registered gift deed in India, it requires substantial legal grounds, and there is a specific time limit for initiating such proceedings. Consult with a property lawyer for personalized advice based on your situation.

Advocate Chikirsha Mohanty LawRato

176 votes

If the gift deed is forged, it can be cancelled. Forgery can be a valid reason for canceling a gift deed, as per the Indian Contract Act of 1872 and the Transfer of Property Act of 1882.

Advocate Chikirsha Mohanty LawRato