ES "एक बार दिया गया दान अखण्डनीय होता है।" इस विधि की पूर्ण रूपेण विवेचना कीजिए और इसके अपवादों का वर्णन कीजिए।"

 Irrevocability of Gifts: Legal Provisions and Exceptions

1. Meaning of Gift (Section 122, Transfer of Property Act, 1882)

• A gift is the voluntary transfer of ownership of movable or immovable property from one person (donor) to another (donee) without any consideration.
• The gift must be accepted by the donee during the donor’s lifetime.

"A Gift Once Made is Irrevocable" – General Rule

• Once a gift is executed and accepted, the donor loses all rights over the property.
• This is based on the principle that a gift is a completed voluntary transfer, and the law does not permit the donor to take back what has been freely given.

---

2. Exceptions: When a Gift Can Be Revoked?

Despite the general rule of irrevocability, Sections 126 and 127 of the Transfer of Property Act, 1882 provide certain conditions under which a gift can be revoked.

A. Revocation by Agreement (Section 126, TPA)

• A gift may be revoked if the donor and donee agree at the time of making the gift that it can be revoked upon happening of a certain event.
• Such an event must not be at the sole will of the donor.
• Example: A father gifts land to his son on the condition that if the son fails to complete his education, the gift will be revoked.

B. Revocation on Grounds Similar to Contract Rescission (Section 126, TPA)

• A gift can be revoked if it was obtained through fraud, coercion, undue influence, or misrepresentation.
• Example: If A is forced to transfer his property to B under threat, the gift can be legally revoked.

C. Revocation Due to Failure of Onerous Gift (Section 127, TPA)

• An onerous gift is a gift burdened with obligations (e.g., debts, liabilities).
• If a person accepts such a gift but later refuses to fulfill the attached obligations, the gift can be revoked.
• Example: X gifts a house to Y, but Y must also pay off a ₹10 lakh loan attached to the house. If Y refuses to pay, the gift can be revoked.

---

3. Cases Where a Gift Cannot Be Revoked

✔ If the donor changes their mind after executing the gift deed.

✔ If the gift has been fully executed and accepted without any revocation clause.

✔ If the reason for revocation is solely at the discretion of the donor without prior agreement.

---

4. Conclusion

• A gift is generally irrevocable once completed and accepted.
• Exceptions exist where the gift was obtained through fraud, coercion, or when conditions for revocation were agreed upon.
• Legal protection ensures that gifts remain voluntary and irreversible, except in cases of unfair transactions.