Legal Question in Wills and Trusts in India

An irrevocable gift deed cannot be revoked, since all the valid conditions for gift were fulfilled

Please note however your father can prefer a suit for getting the gift be declared as void or file a complaint under the senior citizen act where the gift can be canceled.

Feel free to contact on 9873109672 for assistance.

Setu Niket

Advocate

The donor has to make a strong case for cancellation otherwise the same remains valid.

12.03.2013

Dear Sir / Madam,

SUSPENSION OR REVOCATION OF A GIFT :

A Gift may be suspended or revoked by an agreement between the donor and the donee, on the happening of a specified event. A gift may also be revoked if the gift is vitiated by coercion, undue influence, fraud, misrepresentation or mistake. To suspend or revoke a gift for reasons of undue influence, one has to show that the party exercising the influence was in a position to dominate the will of the other and that the donee used that position to obtain unfair advantage. More than mere influence is undue influence (Sukhdev Rai v/s Champa Debi, MANU/BH/0028/1985 AIR 1985 Pat 89, 1986 (34) BLJR 90). An influence of coercive nature is devoid of willingness. Fraud suggests concealment of facts, misrepresentation of facts, and some other camouflage resorted to obtain certain gains.

Regards,