By S&S Co. Advocates & Solicitors · Published 28 September 2026 · Informational content, not legal advice: see our disclaimer
What Makes a Gift 'Complete'
A gift of immovable property is legally complete once it has been made through a properly executed and registered instrument, attested as required by law, and accepted by the donee during the donor's lifetime. Once these requirements are satisfied, ownership passes to the donee immediately, just as it would under a sale: the fact that no consideration was paid does not make the transfer any less complete or final.
General Rule: A Completed Gift Cannot Be Unilaterally Revoked
A common and understandable misconception is that a donor can simply 'take back' a gift if they later change their mind, fall out with the donee, or are unhappy with how the property is being used. This is not correct: once a gift is complete, the donor generally has no unilateral right to revoke it, and cannot execute a fresh deed purporting to cancel or reverse an earlier, validly completed gift.
When a Revocation Clause Can Help
The one situation where a donor retains a right of revocation is where the original gift deed itself expressly includes a condition permitting revocation on a specified contingency: for instance, revocation if the donee predeceases the donor, or fails to care for the donor in a specified way. Such a clause must be built into the gift deed at the time it is executed; a donor cannot retroactively read a power of revocation into a deed that does not contain one.
Grounds on Which a Gift Can Be Challenged
A gift can be set aside, notwithstanding the general rule, where it is shown to have been procured by fraud, coercion, misrepresentation, or undue influence over the donor. Such challenges are examined particularly closely where the donor was elderly, unwell, or otherwise vulnerable, and the donee occupied a position of trust or dominance: in such cases, courts may require the party seeking to uphold the gift to affirmatively show it was made freely and with full understanding of its effect.
What This Means for Donors and Donees
A donor who wants to preserve some flexibility should have any intended conditions for revocation drafted into the gift deed itself, with proper legal advice, before execution. A donee who anticipates a challenge to a gift they have received should be prepared to demonstrate that the gift was made voluntarily and with a clear understanding by the donor of what they were doing.
Frequently Asked Questions
Can my parent take back a property they already gifted to me by a registered deed?
Not unilaterally, once the gift is complete: unless the original deed itself included an express condition permitting revocation in specific circumstances that have genuinely arisen.
Can I challenge a gift deed my sibling received if I think our parent was pressured into it?
Yes, in principle: a gift can be set aside if shown to have been procured by fraud, coercion, misrepresentation, or undue influence, though this must be specifically pleaded and proved, with courts scrutinising such claims closely where the donor was vulnerable.
Does a gift deed need to mention a reason for making the gift?
No: a gift is by definition made voluntarily and without consideration; the relevant question if challenged is whether the donor's consent was genuinely free, not whether they received something in return.
Can I add a condition allowing me to cancel a gift later if circumstances change?
Yes, provided that condition is expressly and clearly drafted into the gift deed at the time it is executed: it cannot be added or implied afterward.
References & Further Reading
This article references the following statutes and general principles. It is educational content, not advice on any specific property dispute.
- Transfer of Property Act, 1882, Sections 122-126 (gifts).
- See our Property & Civil Litigation practice area for further reading.