Conditional Gift Deed Revocation

Overview

The question of whether a conditional gift deed can be revoked hinges on the specific terms outlined in the deed and the provisions of the Transfer of Property Act, 1882. The legal framework primarily revolves around Sections 126 and 123 of the Act, which govern the conditions under which gifts can be revoked.

Key Legal Principles

1. Conditions for Revocation

• A gift deed can only be revoked if:
• There is a specific condition for revocation included in the deed itself.
• The revocation is agreed upon by both the donor and the donee, as per Section 126 of the Transfer of Property Act Srigiri Venkata Ramanamma (Died) VS Srigiri Sri Venkateswara Rao - Andhra PradeshJambulingayya Hiremath S/o Siddalingayya Hiremath VS Akkamahadevi @ Shashikala W/o Late Veeresh Hiremath - Karnataka.
• If no such condition exists, the gift is considered irrevocable once it has been executed and accepted Srigiri Venkata Ramanamma (Died) VS Srigiri Sri Venkateswara Rao - Andhra PradeshNARAYANAMMA VS PAPANNA - Karnataka.

2. Nature of Conditional Gifts

• A conditional gift deed must explicitly state the conditions under which it can be revoked. If the conditions are not fulfilled, the donor may have grounds for revocation, but only if such conditions were clearly articulated in the deed Subash Fotu Bhandari (now deceased) through his legal representative VS Vassant Data Quenim Robolo - BombayMool Raj VS Jamna Devi - Himachal Pradesh.
• In cases where the deed does not specify revocation conditions, the gift remains valid regardless of the donee''s subsequent actions or failures Srigiri Venkata Ramanamma (Died) VS Srigiri Sri Venkateswara Rao - Andhra Pradesh00300025619.

3. Judicial Precedents

• Courts have consistently held that a gift deed cannot be unilaterally revoked by the donor unless specific conditions for revocation are provided in the deed or under the law NARAYANAMMA VS PAPANNA - KarnatakaTILA BEWA VS MANA BEWA - Orissa.
• The Supreme Court has ruled that once a gift is complete, it cannot be rescinded based on the subsequent conduct of the donee Jambulingayya Hiremath S/o Siddalingayya Hiremath VS Akkamahadevi @ Shashikala W/o Late Veeresh Hiremath - KarnatakaK. Balakrishnan VS K. Kamalam - Supreme Court.

Exceptions and Counterarguments

• In certain cases, if the gift deed is found to be conditional and the conditions are not met, the donor may have a valid claim for revocation. For instance, if a gift was made with the expectation of maintenance or services that were not provided, this could potentially justify revocation Naramadaben Maganlal Thakker VS Pranjivandas Maganlal Thakker - Supreme CourtTOKHA VS BIRU - Himachal Pradesh.
• However, the absence of a clear revocation clause in the deed significantly weakens the donor''s position Srigiri Venkata Ramanamma (Died) VS Srigiri Sri Venkateswara Rao - Andhra PradeshSubash Fotu Bhandari (now deceased) through his legal representative VS Vassant Data Quenim Robolo - Bombay.

Conclusion

In summary, a conditional gift deed can be revoked only if: - The deed explicitly states the conditions for revocation. - The conditions are not fulfilled by the donee.

If these criteria are not met, the gift deed remains irrevocable. It is advisable for donors to clearly outline any conditions for revocation in the deed to avoid future disputes. Legal counsel should be sought to ensure that the terms of the gift deed are comprehensive and enforceable under the law.

Recommendations

• Review the specific terms of the gift deed in question to ascertain the presence of any revocation clauses.
• Consider drafting future gift deeds with explicit conditions to prevent ambiguity.
• Consult with legal professionals to navigate complex situations involving conditional gifts and potential revocations.

References: Chelluboyina. Nagaraju VS Molleti Ramudu Alias Vijayalakshmi - Andhra PradeshSrigiri Venkata Ramanamma (Died) VS Srigiri Sri Venkateswara Rao - Andhra PradeshSubash Fotu Bhandari (now deceased) through his legal representative VS Vassant Data Quenim Robolo - BombayJambulingayya Hiremath S/o Siddalingayya Hiremath VS Akkamahadevi @ Shashikala W/o Late Veeresh Hiremath - KarnatakaK. Balakrishnan VS K. Kamalam - Supreme CourtMool Raj VS Jamna Devi - Himachal PradeshTILA BEWA VS MANA BEWA - Orissa]