Can the gift be ever suspended or revoked? Can the gift be revocable by the agreement of parties?

A gift can be revoked or suspended, provided the following conditions are fulfilled:

  1. the donor and the donee must have agreed, at the time of the gift, that the gift shall be suspended or revoked on the happening of a specified event;
  2. Such an event must be one which does not depend upon the donor”s will;
  3. The condition should not be illegal or immoral and also should not be averse to the estate, created under the gift.

It should be noted that a gift, which according to the parties, may be revoked at the mere will of the donor, is void. See Thakur Raghunathji Maharaj Vs. Rameshchandra (AIR 2001 Supreme Court 2340), where a donor executed a gift deed of land for the purpose of construction of a college building. On the same day, an agreement was executed between the parties that the land was gifted for the building of a degree college and that this building should be constructed within six months from the date of the gift deed. The Agreement provided that the gift deed shall be deemed to have come to an end and, that the donor shall be considered to be the owner of the land if the college building was not built within six months. The Court held that the gift was not absolute and/or unconditional and that the gift deed and the said agreement, forming one transaction, would have to be read together and given effect accordingly.

IN CASE OF ANY QUERY OR ASSISTANCE, LEAVE A REPLY BELOW

 

About the author

4 Comments

  • Paul says:

    We We are three brothers and our mother is alive as on today with good health. She has executed and registered a gift deed settlement of a plot with constructed house in favour of our eldest brother in the year 1985. Now, the said gift deed can be revoked or cancelled enabling our mother to distribute the same among we three brothers?

    View Comment
  • Paul says:

    Dear Sir, Thanks for your reply. The terms of the said gift deed is ‘unconditional’, still can it be revoked or canceled?

    View Comment
  • bijaya says:

    Father make a Gift deed more than 7 years ago to his brother’s wife for they requst to use for their housing loan. We forgot it was registered or it was conditional deed or not. But when my father check that land record it was in his name. So can they claim this land??? My father nomore want to give this land to them. My father is still alive

    View Comment
  • Tej says:

    Sir
    My father gifted a house to his sisters and cousin with lifetime rights to sisters with no sale and after there death the property goes to cousin and there heirs.my father revoked it and mortgage it. Now her cousin filed a suit to delivery and possession. Can the gift is valid or not.actually the gift was made with fear of life.

    Thanks in advance

    View Comment

Leave a Reply

Your email address will not be published. Required fields are marked *