Introduction
Property transfers in India often happen through gift deeds, governed by the Transfer of Property Act, 1882 (TPA). While Section 122 TPA defines a gift as a voluntary transfer without consideration, Section 126 TPA sets out when such a gift can be revoked.
For advocates, especially those handling family disputes, property litigation, and matrimonial settlements, Section 126 is a powerful tool to defend or challenge a gift deed.
👉 If you haven’t read about Section 122 of TPA: Conditional Gift, we strongly recommend you start there:
Section 122 TPA – Conditional Gift
Section 126 of TPA: The Law
A gift may be revoked:
- By agreement between donor and donee, if certain conditions are met.
- By rescission, on grounds where contracts may be rescinded (fraud, coercion, undue influence, etc.).
⚖️ Simply put: Not every gift is absolute. It can be revoked under specific conditions.
Key Grounds of Revocation
- Revocation by Mutual Agreement – Both donor and donee agree that upon a future event (not dependent solely on donor’s will), the gift can be revoked.
- Revocation by Law (Contract Principles) – Gift can be revoked if obtained by fraud, misrepresentation, or coercion.
- Revocation by Ingratitude (Limited in India) – While not directly a ground under Indian law, courts have considered donee’s misconduct in certain contexts.
Case Law Insights
- K. Balakrishnan v. K. Kamalam (Supreme Court, 2004)
- Gift deed revoked as it was executed under undue influence.
- Lesson for advocates: Scrutinize execution circumstances carefully.
- Thakur Raghunath Ji Maharaj v. Ramesh Chandra (Allahabad HC, 2001)
- Court upheld revocation clause mutually agreed in the gift deed.
- Strategy tip: Always check if conditions were embedded in the deed.
- Asokan v. Lakshmikutty (SC, 2007)
- Mere emotional reasons are insufficient for revocation. Law demands clear fraud/condition violation.
Practical Example
Imagine a father gifting property to his son. Later, the son abandons the father, refusing maintenance. The father approaches a lawyer.
As an advocate, your strategy should be:
- Check if a revocation clause was included.
- Argue fraud/undue influence if gift was made under pressure.
- If defending the son, stress that the law protects valid gifts unless fraud/condition is proven.
Template (Deed of Conditional Gift – Revocation Clause)
“That the Donor reserves the right to revoke this Gift Deed in case the Donee fails to maintain the Donor during his lifetime or violates the conditions expressly stated herein.”
⚖️ Note for Advocates: Always encourage clients to include revocation clauses. This saves litigation later.
Advocacy Strategies for Lawyers
- For Donors (Revocation):
- Collect evidence of fraud/duress.
- Highlight violation of condition.
- Use medical records, financial statements, or witness testimony.
- For Donees (Defending Gift):
- Emphasize validity of deed.
- Argue absence of fraud or duress.
- Stress that revocation must strictly comply with Section 126.
- Litigation Tactics:
- File suit for declaration of revocation validity.
- In defense, use precedents where revocation wasn’t allowed.
- Engage expert witnesses (doctors, handwriting experts).
How Handyy Helps Advocates in Section 126 TPA Matters
- Drafting Support: Access 4000+ templates including Gift Deed with Revocation Clauses.
- Case Law Search: Integration with IndiaKanoon API helps you instantly cite judgments.
- Client Records: Store donor-donee agreements securely in the cloud.
- Court Calendar: Manage litigation timelines (revocation suits, appeals).
- Collaboration: Share case progress with clients via client portal.
With Handyy Law Practice Management, advocates save time, improve precision, and provide faster relief to clients.
Frequently Asked Questions (FAQs)
Q1. Can every gift be revoked under Section 126?
No. Only gifts with fraud, coercion, misrepresentation, or conditional clauses.
Q2. Can ingratitude revoke a gift?
Not generally under Indian law, unless tied to specific conditions.
Q3. What if no condition is written in the deed?
Then revocation becomes very difficult unless fraud is proven.
Q4. Can donors revoke gifts unilaterally?
No, law protects donees unless revocation clause exists.
Conclusion
Section 126 TPA balances generosity with safeguards against misuse. For advocates, the role is to protect donor intent, ensure fairness, and use revocation strategically.
📌 For deeper insights, revisit our blog on Section 122 TPA – Conditional Gift.
👉 Want to handle Section 126 cases more effectively?
Sign up for Handyy’s 30-day free trial today and transform your legal practice.