Once gift deed is executed duly stamped and registered your children would be absolute owner of property
2) gift deed can be cancelled with mutual consent
3) you can file suit to set aside gift deed but chances of success are bleak
Can I cancel or recover back a property transferred?
I transferred four years a go two of my properties to my children. Now I want to recovered them back but one my children is refusing to execute the TR1 while the other one has no problem in doing so; so in this case what should I do?
Asked 4 years ago in Property Law
Religion: Christian
7 Answers
In the TR1 form, when I did the transfer without no exchange of money, I placed a restriction on it that the two of my children were only representing the others and that they can sell, give as gift or otherwise without the written consent of the others. Now I want to cancel or recover back those properties so what should I do when one of the transferee is refusing to sign.?
Asked 4 years ago
You have to file suit to set aside gift deed if it was executed under coercion or undue influence
Only under the Maintenance and welfare of parents and senior citizen act, property gifted to children can be taken back if the children fail to take proper care of the parents or senior citizens.
Except above property once gifted can not be taken back.
Kindly care to expand TR1.
If you are a senior citizens then only you can recover it back
The property transferred by a registered gift deed or by a registered sale deed cannot be unilaterally revoked.
Section 126 of Transfer of Property Act, 1882 deals with when gift may be suspended or
revoked. According to it, the donor and donee may agree that on the happening of any
specified event which does not depend on the will of the donor a gift shall be suspended or revoked but a gift which the parties agree shall be revocable wholly or in part, at the mere will of the donor is void wholly or in part as the case may be.
A gift may also be revoked in any of the cases in which if it were a contract it might be
rescinded. Such as aforesaid a gift cannot be revoked. Nothing contained in this section shall be deemed to affect the rights of transferees for consideration without notice.
Gift is transfer of ownership without consideration. Like other transfers, gift too can be
made subject to certain conditions. Donor may make a gift subject to a condition of it being suspended or revoked. But, such gifts would then be governed by those provisions of this Act which regulate conditional transfers. Accordingly, if a gift is made subject to condition of it being revoked in future the condition must be valid and enforceable under those provisions.
Section 126 lays down two modes of revocation of gift:
(i) Revocation by mutual agreement of donor and donee.
(ii) Revocation by rescission as in the case of contracts.
No Revocation on any other ground:
Except on the ground of (a) condition subsequent not depending on the pleasure of the
donor and (b) on the grounds justifying of a contract, a gift cannot be revoked on any other ground.
A father executed a registered deed of gift in favour of his son. He had done it because of
love and affection for the son and also to enable him to live a peaceful life. There was no
proof of undue influence. The done remained out of India for a long time. In the meantime
the gift deed remained with the donor and he also kept paying taxes. There was no mutation for that period in the revenue records. The Supreme Court held that these circumstances were not sufficient in themselves to show that the execution of the gift deed was not voluntary. The deed could not be rescinded on the premise that it was an onerous gift and that the done had failed to fulfil the condition for the gift of contributing towards the marriage of the donee’s sister the specified sum. Once a gift is complete, it cannot be rescinded for any reason whatsoever. The subsequent conduct of the donee is not a ground for rescission of a valid gift.