SRUTI SUDESHNA

1983166

PROBLEM NO. 6

ISSUE NO. 1 (AGAINST)

A gift of a property involves transferring the ownership of one’s property to another person
by executing a gift deed. The gift deed is an instrument through which the immovable or
movable property owner transfers his/her property to another person without consideration as
a gift.

The donor must voluntarily gift the property to the donee without considering the gift to be
valid under the Act. The donee should accept the gift within the lifetime of the donor for the
gift to be legally valid unless it has certain condition given by the donor.

But in the case of A who is an aged widow living in the 1 st floor of her residential house
along with tenant B in the ground floor, made a deed of gift out affection due the utmost care
and service of B towards her when she was ill and was avoided by her son Y and only
daughter Z when she needed them.

Now when making the deed of gift A made the condition that as long as she is alive B would
remain as the tenant and after her death the deed of gift will come into effect.

But after the registration Y and Z manipulated and influenced A somehow to revoke the deed
of gift and under influence A filed a petition in the civil court, but died after wards due to
cardiac arrest in the court campus itself.

Now the issue here arises that weather Y and Z can claim the acquisition of ownership being
the legal heirs of A?

No Z and Y cannot claim the acquisition of ownership as the legal heirs of A.

Gift once given cannot be revoked. Gift deeds is irrevocable. So once the gift deed s
registered it becomes the sole property of the donee I.e., person who received the gift. Now
that A died in the campus of the court itself so the deed of gift has already come into effect as
per the condition given by A in the time of resistration.

The grounds to revoke the deed gifts are revocation by mutual agreement which didn’t
happen here, second by Revocation by the rescission of the contract, here the gift was
voluntarily given by A to B; there was no undue influence, coercion or any fraud so A cannot
rescind the agreement.

The right to revoke the gift on the abovementioned grounds is lost when the donor ratifies the
gift either expressly or by his conduct. Therefore, the house belongs to B.

(In case reference Parbati vs Baijnath Pathak and Anr. on 6 February, 1912).

 https://indiankanoon.org/doc/1067813/