Can a Gift Deed Be Revoked in India? Key Rules Explained

High Court Of Chhattisgarh - Principal Bench Chhattisgarh

Learned counsel appearing on behalf of the petitioner would submit though the petitioner's suspension has been revocked

1999 0 Supreme(Del) 432

Defendant No. 3 is absolute owner of the properties mentioned in Annexure C and the properties detailed in Annexure D came to be acquired by defendant No. 3 by way of gift from her parents and maternal grandt-parents. ... According to the defendant No. 3, upon the death of Subhash Chand she acquired his half share in the said properties by testamentary succession through the registered Will dated 16. 9. 1988 executed by Subhash Chand in her favour, on the contrary, plaintiffs case is that the said Will was revocked by

1992 0 Supreme(MP) 348

Only on the basis of an apprehension in the mind of the applicant, the order passed by the Court cannot be revocked.

Then the gift by Saffra Umma was a gift of something to a minor by a person other than the father or guardian, which something was at the time of the gift in the possession of the guardian, in this case the mother. ... ed., 173:-" In the case of a gift by a parent to a minor child, no acceptance is necessary; ' the gift is completed by the contract and it makes no difference whether the subject of the gift is in the father's hands or in that of a depositary '. ... The g....

2025 Supreme(Online)(Tel) 56590

When gift may be suspended or revoked. ... It is their case that they executed the gift deed to secure the future life of Magesh and that since he died, the Gift Deed need not be continued and thereby they cancelled the gift deed and that they sold away the property abutting the suit schedule property, out of which the sale consideration of ... , as such, the settler has decided to cancel and revoke the said gift settlement deed. ... It is their case that the defendants executed a registered ....

Donation was a contract according to the Roman-Dutch Law and acceptance of the gift by or on behalf of the donee was thus necessary. Acceptance of a gift may be effected in many ways. It may be presumed from the physical acceptance of the deed of gift 1[(1913) 16 N. L. R. 413.]. ... Two of the conditions necessary for the validity of a gift, according to the Hanafi Law, are (1) acceptance, expressed or implied, subject to exceptions in the case of a gift to a minor son, &c., (2) seisin by the donee of ....

High Court for the State of Telangana

When gift may be suspended or revoked. ... It is not in dispute that the gift is to be executed only out of love and affection. As per Ex.B2-gift settlement deed executed by donar, the donar executed the said gift deed out of love and affection towards the plaintiffs. Ex.B2 is a valid gift deed and it is a registered one. ... Nakka Krishnaveni and others2, wherein held that (cid:147)when once the gift deed is voluntarily made without there being any coercion or undue influence, the acc....

CA/594/1996/FDC KULIYAPITIYA 7558/L Deed of gift-Presumption in favour of acceptance of a deed of gift- Burden of proof of non-acceptance-Revocation of an irrevocable deed of gift-Necessity for an order of court-Applicability of special laws The plaintiff ... The question of acceptance of a deed of gift is one of fact and each case has to be determined individually. At the time the deed of gift was executed the two donees were minors and the gift was accepted by the future hus....

The facts, and the material portions of the deed of gift, are given in the judgment of my brother Dalton. The gift was made in consideration of " love and affection " and as a gift " absolute and irrevocable." ...     Kandyan law-A gift absolute and irrevocable-Revocability. ... The deed itself must be examined in order to ascertain the true intention of the parties, and where the deed of gift expressly renounces the right of revocation, and the gift is not dependent on any c....

The deed itself must be examined in order to ascertain the true intention of the parties, and where the deed of gift expressly renounces the right, of revocation, and the gift is not dependent on any contingency, the gift is irrevocable. ... Regatta, 5,798, Kandyan law-Deed of gift-Renunciation of the rights of revocation- A Kandyan deed of gift which expressly renounces the right of revocation, and which is not dependent on any contingency, is irrevocable. ... - This appeal raises once again....

2021 0 Supreme(Telangana) 357

(i) by a clear and unequivocal declaration of intention of making a gift made orally or in writing by the donor or his agent and (ii) accepted expressly or impliedly by the donee or his agent except in the case of a gift, a) by a guardian to his ward; or b) of a debt to the debtor; and A gift how made:-Under Mohammedan Law a gift may be made:-

2013 0 Supreme(Ker) 767

Bearing in mind the principles of law expostulated by the Supreme Court in the decisions cited supra and other decisions on the point there can be no doubt that the minor can accept the gift and that the donor of the minor child can also accept the gift on behalf of the minor. The contention that there was no acceptance of the gift, is thus found to be devoid of any merit, in so far as it relates to the gift in favour of the plaintiff. The gift in question is not an onerous gift and as such it has to be presumed that the donee had accepted the gift.

Current Civil Cases

The gift in question is not an onerous gift and as such it has to be presumed that the donee had accepted the gift. The contention that there can was no acceptance of the gift, is thus found to be devoid of any point, in so as far it relates to the gift in favour of the plaintiff. Knowledge of gift deed to both the parents as natural guardian of the donee by is sufficient to indicate acceptance of gift by the minor himself for on the his behalf by the parents cited supra and other decisions on the point there can be no doubt that the minor can accept the gift and that the....

2011 0 Supreme(Gau) 808

Oral gift, fulfilling all the three essentials, make the gift complete and irrevocable. However, the donor may record the transaction of gift, in writing. The personal law of Mohammadans does not make a written gift deed essential to the validity of gift.

2010 0 Supreme(Guj) 329

Section 150 specifically mentions that for a valid gift there should be delivery of possession of the subject of the gift and taking of possession of the gift by the donee, actually or constructively, then only gift is complete. If these conditions are complied with, the gift is complete.