Can A Gift Deed Be Revoked In India? A Practical Guide For Donors And Donees

If you have legally gifted a property to someone or received a property via a registered deed, a fundamental question often arises under Indian law: Can a gift deed be revoked (or cancelled)? A valid, unconditional, and registered gift deed is generally considered irrevocable (it cannot be taken back). Indian law views a gift as a complete and final transfer of ownership. Once the transfer is legally executed and accepted by the recipient (donee), it is usually final. However, there are limited and specific legal situations where a gift deed can be successfully challenged or revoked. This often occurs when the gift was not a truly free choice (such as due to fraud or coercion) or when a specific condition mentioned in the deed was not met. Simply getting angry with the donee or having a family argument later is generally not a valid legal reason for revocation.  

You will learn in this Article:

• What a Gift Deed means under Indian law.
• Legal requirements for a valid and enforceable Gift Deed.
• Grounds on which a Gift Deed can be revoked (fraud, coercion, breach of condition)
• Whether parents can cancel gifts made to children
• Whether a Gift Deed can be revoked after the donor’s death
• Step-by-step procedure to legally cancel or challenge a Gift Deed in India
• Format and documentation required for revocation

What Is A Gift Deed Under Indian Law?

A Gift Deed is a legal document under Indian Law used when a person transfers their property or money to someone else without taking any payment. In Section 122 of the Transfer of Property Act, 1882, a gift is the voluntary transfer of movable or immovable property from one person (donor) to another (donee) out of love and affection, and the receiver must accept the gift during the lifetime of the giver. According to law, a "Gift" is the transfer of certain existing movable or immovable property made voluntarily and without consideration (without payment), by one person (the Donor) to another (the Donee), and accepted by or on behalf of the Donee.

Essential Requirements of a Valid Gift Deed (Section 123)

A valid Gift Deed must meet certain legal conditions to ensure the transfer of property is genuine and enforceable. Section 123 of the Transfer of Property Act, 1882, explains how a gift becomes legally complete, especially for immovable property.

A Gift Deed is legally valid only when the following conditions are fulfilled:

• The gift must be made voluntarily without any force or pressure.
• It should be given without taking any money or consideration in return.
• The donor (giver) must be the legal owner of the property being gifted.
• The Gift Deed must be written and signed by the donor.
• At least two witnesses must attest to it.
• For immovable property, the Gift Deed must be registered at the Sub-Registrar’s office.
• The donee (receiver) must accept the gift during the donor's lifetime.

Legal Grounds On Which A Gift Deed Can Be Revoked

A registered gift deed can only be cancelled based on the strict rules laid out in Section 126 of the Transfer of Property Act (TPA) or when it can be proven that the gift was voidable from the start.

Revocation by Mutual Agreement (Section 126 TPA)

The Donor and Donee can agree to include a specific clause in the original gift deed that states an event or condition, which, if it happens, will lead to the revocation of the gift.

• Example: A father gifts a house to his daughter with a clause that states if the daughter does not take care of the father in his old age, the gift will be automatically revoked. This condition must be clearly mentioned in the registered deed itself.

Revocation Due to Lack of Free Consent

A gift deed can be challenged as voidable (meaning it can be cancelled by the court) if the Donor’s consent was not freely given at the time of execution.

Revocation Due to Failure of Condition Attached to Gift

If the original registered gift deed clearly stated a specific condition, and that condition was not met, the gift can be revoked. Note that a condition that depends on the sheer wish of the Donor (i.e., "I can take it back whenever I want") is generally considered invalid.

Revocation by Court – Challenging a Gift Deed

When a Donee disagrees with the cancellation, the Donor must approach the Civil Court to file a suit for the declaration and cancellation of the gift deed based on any of the grounds listed above.

Common Situations Where People Ask About Gift Deed Revocation

Many people face confusion about whether a Gift Deed can be cancelled in special situations, especially within families. The points below explain common concerns-such as revoking a gift after the donor’s death or parents taking back property gifted to their children-and clarify the legal conditions under which a Gift Deed can or cannot be revoked under Indian law.

Can A Gift Deed Be Revoked After the Death Of the Donor?

No, generally not. A gift deed transfers property immediately upon its registration and acceptance. Once the Donor dies, the transfer is complete. The legal heirs of the Donor cannot typically revoke a valid gift unless they can prove that the original deed was voidable due to fraud, coercion, or mental incapacity of the Donor before the Donor died.

Can Parents Revoke A Gift Deed Given To Children?

This is a very common issue. Many parents later regret gifting property to their children and wonder if they can legally take it back. Understanding when a Gift Deed can be revoked under Indian law helps avoid costly disputes and family conflicts.

• When they can: Parents can revoke the gift if they prove the transfer was based on fraud, undue influence, or if the original deed had a valid condition written in it (e.g., that the child must provide basic maintenance/care), and the child has breached that condition.
• When they cannot: They cannot revoke the gift simply because of a change of mind, family arguments, or regret, provided the deed was registered and accepted freely.

Procedure To Revoke Or Cancel A Gift Deed In India

Cancelling a Gift Deed is not simple and can only be done in specific situations allowed by law. Below is the step-by-step process in easy words:

Step 1 – Get a Legal Opinion from a Property Lawyer

Visit an experienced property lawyer and show them all your documents, such as the registered Gift Deed, previous ownership papers, medical records (if you were unwell or forced), and any proof of conditions written in the deed. The lawyer will check if the law allows cancellation in your case, because a Gift Deed cannot be revoked just due to regret or family issues; it must have a legal ground.

Step 2 – Revocation by Mutual Consent (If the Donee Agrees)

If the person who received the gift agrees to return it, both parties can prepare a Deed of Revocation or Cancellation Deed. After drafting, both must sign it and get it registered at the Sub-Registrar’s office. Once registered, update property records like mutation, municipal entries, and housing society records so the cancelled gift is reflected officially.

Step 3 – Filing a Civil Suit (If the Donee Does Not Agree)

If the donee refuses to cooperate, the donor must file a civil suit asking the court to declare the Gift Deed invalid or cancelled. You will need strong evidence, such as proof of fraud, coercion, breach of condition, or lack of acceptance. The court will decide based on the facts, and this process may take time and involve court fees depending on the property’s value and jurisdiction.

Step 4 – Updating Property and Revenue Records After Revocation

Once the gift is legally cancelled, update the mutation records, society records, and property tax or electricity bills to reflect that the property is again in the donor’s name. This step ensures there are no future disputes and prevents the donee from creating third-party rights, like selling or mortgaging the property.

Cancellation Of Gift Deed Format

A Gift Deed Cancellation is a legal document used when a donor wants to revoke or cancel a previously executed Gift Deed based on valid grounds recognized under Indian law. The format below provides a clear structure to formally cancel the gift, as permitted under Sections 122, 123, and 126 of the Transfer of Property Act, 1882.

Click here to download the Cancellation of Gift Deed Format.

Conclusion

In India, a registered gift deed is generally final and cannot be cancelled unless strong legal grounds exist, such as fraud, coercion, undue influence, or breach of a written condition. The courts treat gifted property as a complete transfer, so revocation is possible only in limited and proven circumstances. If you believe your gift deed was not executed freely or the donee violated conditions, consult a property lawyer to understand the correct legal process for gift deed cancellation and protect your property rights.

Disclaimer: This article provides general legal information only and may not apply to every situation. For expert guidance, always consult a qualified legal professional.