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The following donations shall be void: (a) those made by a guardian or trustee in relation to the properties entrusted to them; (b) those made between persons who were guilty of adultery or concubinage at the time of the donation; (c) those made between persons found guilty of the same criminal offense, in
A Deed of Donation transfers property from the owner (the donor) to another person (the donee) by way of donation. The Deed of Donation is usually executed for the love, gratuity and affection the donor has for the donee (e.g. from a parent to a child).
1. Gift Deed, is always irrevocable. Hence Gifted property cannot be claimed back, UNLESS & UNTIL it is legally proved that the Gift Deed was conducted under Threat /Coercion /Mental illness /others.
Form 8283 is filed by individuals, partnerships, and corporations. C corporations. C corporations, other than personal service corporations and closely held corporations, must file Form 8283 only if the amount claimed as a deduction is more than $5,000 per item or group of similar items.
Purpose of Form. Donee organizations use Form 8282 to report information to the IRS and donors about dispositions of certain charitable deduction property made within 3 years after the donor contributed the property.
Under regular circumstances, a gift once made, cannot be revoked. However, Section 126 of the Transfer of Property Act, 1882, makes two provisos to the given rule. A gift deed can be suspended or revoked either by a mutual consent of the donor and the donee or by rescinding the contract between the two parties.
Revoking the Gift Deed is permissible, if both the Donor and Donee voluntarily agree for cancelling the registered deed. Stamp duty will not be refunded. By Mutual Agreement: The donor and the donee can mutually agree to cancel or revoke a gift transaction.
Mandatory Requirements:Notarized Deed of Donation but only photocopied documents shall be retained by BIR; (One (1) original copy and two (2) photocopies) TIN of Donor and Donee/s; One (1) original copy for presentation only) Proof of claimed tax credit, if applicable; (One (1) original copy and two (2) photocopies)
The law provides that any gift that is made and accepted by the donee, is final and cannot be revoked later on. So, if all the conditions of a valid gift are present, the same cannot be annulled by the donor later on, except on the ground that the consent of the donor was obtained by fraud, undue influence or coercion.
The Delhi High Court has ruled that if elderly parents have transferred their property in the name of children and the children do not take care of them after the transfer of the property, they (the parents) can cancel the transfer and children will be legally bound to return the property.