When gift may be suspended or revoked
Section 126 of the Transfer of Property Act, 1882 deals with when gift may be suspended or revoked. The donor and done may agree that on the happening of any specified event which does not depend on the will of the donor a it shall be suspended or revoked; The Act came into force on 01 Jul 1882.
The donor and done may agree that on the happening of any specified event which does not depend on the will of the donor a it shall be suspended or revoked; but a gift which the parties agree shall be revocable wholly or in part at the mere well of the donor is void wholly or in part, as the case may be.
A gift also be revoked in any of the cases (save want or failure of consideration) in which, if it were a contract, it might be rescinded.
Save as aforesaid, a gift cannot be revoked.
Nothing contained in this section shall be deemed to affect the rights of transferees for consideration without notice.
Illustrations
(a) a gives a field to B, reserving to himself, with B's assent, the right to take back the field in case B and his descendants dies before A, B dies without descendants in A's lifetime. A may take back the field.
(b) A gives a lakh of rupees to B, reserving to himself, with B's assent, the right to take back at pleasure Rs. 10, 000 out of the lakh. The gift holds good as to Rs. 90, 000, but is void as to Rs.10, 000, which continue to belong to A.
Section 126, The Transfer of Property Act, 1882 (Act 4 of 1882).
Related judgements & precedents
These are some judgments that construed this section, and hold precedence value. They hold authority on how to read, interpret and use this section.
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Umayamma vs Manoj
Court's Decision & Legal Precedent
When a registered document is challenged on grounds of fraud by the executant, the burden lies on the propounder to prove due execution; however, once execution and attestation are proved via credible witnesses, the presumption of validity of a registered instrument prevails unless specific particulars of fraud are pleaded and proved.
On this section: Provisions for revocation of gift.
The holding above is the ratio decidendi as extracted from the judgment by eCourts India, reproduced unaltered — it is a rendering of the court's reasoning, not a substitute for its words. Read the order itself before relying on it.
Judgments citing this section
These may be obiter dicta or a precedent, for you to study. These are the judgments where this section is quoted.
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… Section 122 of the Transfer of Property Act, 1882 (hereinafter referred to as "TP Act") defines a gift as any transfer of certain existing movable and immovable properties made voluntarily without any consideration. Section 126 of the TP Act provides for the suspension or revocation of a gift on happening of any specified event upon which the donor and done have agreed upon. Condition for maintenance during old age cannot be assumed as a consideration for gift. More so, consideration specified under Section 122 refers to monetary …
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… Section 122 of the Transfer of Property Act, 1882 (hereinafter referred to as "TP Act") defines a gift as any transfer of certain existing movable and immovable properties made voluntarily without any consideration. Section 126 of the TP Act provides for the suspension or revocation of a gift on happening of any specified event upon which the donor and done have agreed upon. Condition for maintenance during old age cannot be assumed as a consideration for gift. More so, consideration specified under Section 122 refers to monetary …
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… The learned counsel for the contesting defendants also conceded Ext.A1 as a gift deed. 10. The learned counsel for the contesting defendants argued that, even though unilateral cancellation of a gift deed is not legally permissible and the same is indicted by the rider under Section 126 of the Transfer of Property Act, 1882 (hereinafter referred to as 'TP Act'), the matter of acceptance of the cancellation deed by the plaintiff to be considered in the light of ..7.. the subsequent conduct and attending circumstances. According to the learned counsel for the contesting defendants, the said …
Questions about Section 126
What have the courts held on Section 126 of the Transfer of Property Act?
Umayamma vs Manoj (21 Dec 2024) is the leading judgment on this section among those set out below: Provisions for revocation of gift.
How do I find court cases under Section 126 of the Transfer of Property Act?
In judgments and charge sheets this section is written several ways, and each form finds a different set of orders. These search the full text of every order eCourtsIndia holds, best matches first: TP Act 126, section 126 TP Act, section 126 of the Transfer of Property Act. People searching for it also type 126 tpa act and lkra tpa 126g. Each opens the full list of orders on eCourtsIndia, where it can be narrowed by court, year and outcome. 1 reported judgment on this section is set out on this page, beginning with Umayamma vs Manoj (21 Dec 2024).
When did Section 126 of the Transfer of Property Act come into force?
Section 126 of the Transfer of Property Act, cited as TP Act 126, came into force on 01 Jul 1882, having been enacted on 17 Feb 1882. It is in force as at the date shown on this page.
Other sections of this Act
- 55. Rights and liabilities of buyer and seller1096 words
- 108. Rights and liabilities of lessor and lessee1030 words
- 69A. Appointment of receiver892 words
- 3. Interpretation-clause658 words
- 35. Election when necessary614 words
- 58. Mortgage , mortgagor , mortgagee , mortgage-money and mortgage- deed defined554 words
Source and method. Compiled from the enactments of Parliament and of the State legislatures as published on India Code, and republished together with commentary and other original matter under section 52(1)(q)(ii) of the Copyright Act, 1957. Structured, cross-referenced and maintained by eCourtsIndia. Text as in force on 14 Oct 2026. This page is not a substitute for legal advice.