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Girlfriend is asking the gifts back after breakup, is taking back gifts after breakup legal?


08-Jul-2024 (In Family Law)
My girlfriend gave me ₹20,000 as a gift and said it was mine, plus some for our expenses. Now that we've broken up, she wants the money back. Is it legally required for me to return it, considering she said it was a gift and I never asked for it?
Answers (6)

Answer #1
259 votes

Once a gift is given with clear intent to permanently transfer ownership whether it's money, jewelry, or property it generally cannot be legally reclaimed, even after a breakup. Under Indian law, a gift is considered unconditional and irrevocable, provided it was given voluntarily and without coercion. This applies regardless of emotional fallout or changing relationships. Unless there's proof of fraud, coercion, or a condition attached to the gift, the recipient has no legal obligation to return it.

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Advocate Chikirsha Mohanty

Adv. Chikirsha Mohanty

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Answer #2
890 votes
As per law, anything once gifted can never be asked returned for. Do not worry, she cannot claim the same in the court of law. However, regards may be had for being blamed in the society, and always remember that there are a few false cases of implicating in false cases of harassment, stalking, rape, etc. So the decision lies with you.
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Advocate Manish

Adv. Manish

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Answer #3
864 votes
Please return it otherwise she may go to initiate any other measures against you on false grounds moreover why she paid you is irrelevant. For more you may call me. If it's the amount paid to you for meeting her how u prove it and again this payment was not legal
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Advocate Avdesh Chaudhary

Adv. Avdesh Chaudhary

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Answer #4
864 votes
hello... as it was gift given by your girlfriend she cannot as it back as you own the gift now that the money which she gave you out of her own will and consent. she cannot take any legal action against you.
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Advocate Manisha Ambwani

Adv. Manisha Ambwani

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Answer #5
952 votes
Hi, This is very weird question but still i will answer it as i want ot make you aware about certain things. if you have not given anything in written that you woulkd return her money then you are not liable to return her . if there is any written document about the same or over the mail or text then yes she can file the suit for recovery.
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Advocate Nupur Goswami

Adv. Nupur Goswami

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Answer #6
511 votes
If you have the material to prove that the money was a gift then there is no need to return the money. However if there is material to prove that it was a loan you will have to pay the amount back. Further response can only be given after ascertaining all the facts of the case.
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Disclaimer: The above query and its response is NOT a legal opinion in any way whatsoever as this is based on the information shared by the person posting the query at lawrato.com and has been responded by one of the Divorce Lawyers at lawrato.com to address the specific facts and details.

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