LEGAL LEARNING – SHRI GANPATI JURISTS
🧠 Legal Learning | Revocation of Gift Deed Under Section 126 TPA
🚫 A gift deed cannot be revoked at the will of the donor unless a right of revocation is expressly reserved at the time of execution.
📌 Key Legal Takeaways:
• Irrevocability of Gift Deeds:
• Once a gift deed is validly executed, it cannot be revoked unless a specific condition for revocation is incorporated in the deed itself, as per Section 126 of the Transfer of Property Act, 1882.
• Hope or Expectation ≠ Legal Condition:
• A donor's hope that the donee would maintain them does not constitute a legal ground for revoking the gift in absence of an express clause.
• Subsequent Will Does Not Override Registered Gift:
• A later Will made by the donor in favor of someone else does not invalidate a prior registered gift deed, as title is already transferred.
• No Revocation for Failure of Consideration:
• Failure to maintain the donor (even if morally wrong) is not a legal ground for revocation if no such contractual obligation was agreed upon in the gift deed.
• Proper Legal Recourse:
• If the donee fails in their moral or implied promises (like maintenance), the donor must pursue separate legal remedies (like claiming maintenance), not unilateral revocation.
⚖️ Legal Position Affirmed:
Courts have consistently held that settlement or gift deeds, once executed and registered without any revocation clause, cannot be cancelled by mere wish or by executing a Will later. Any such revocation must be done through a valid legal proceeding.
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