Essential to the validity of a gift

Q) In my joint property, I have gifted my share to my cousin and also registered the gift deed with the sub-registrar. But I have never handed over the possession of property to my cousin , can I revoke the gift deed ?

A ) For valid gift deed there are three essentials.

  1. declaration of gift by the donor;
  2. an acceptance of gift by the donee; and
  3. delivery of possession of the subject of the gift by the donor to the donee .

In your situation, the gift is invalid since you have not given the possession of the property. However, there is a registered gift deed, you must file a civil suit to cancel or revoke a registered gift deed.

Disclaimer: The above information is intended to be general in nature and should not be taken as legal advice. If you need legal advice, consult a licensed lawyer.

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