Louisiana Revocation of Anatomical Gift Donation

State:
Louisiana
Control #:
LA-P025B
Format:
Word; 
Rich Text
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Description

This Revocation of Anatomical Gift Donation form is a revocation of Form LA-P025 that designates the body parts and organs an individual wishes to donate at the time of death. If the document of gift has been delivered to a named donee, it may be revoked by either executing and delivering to the donee or his agent a written revocation such as this form signed by the donor, by making an oral statement of revocation in the presence of two persons, and communicating the same to the donee or his agent, by making a statement during a terminal illness addressed to the attending physician
and communicating the same to the donee, or by keeping a card or writing, signed by the donor on his person or in his effects, revoking the gift. Specific reference is made to the earlier executed Anatomical Gift Donation.
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FAQ

The revocation of such a gift, therefore, merely means that the donor has changed his mind and does not want to complete it by the delivery of possession. For the revocation of such gifts, no order of the court is necessary.

With a gift causa mortis, the donor may unilaterally choose to revoke the gift at any time while they are still alive. Additionally, the gift is either revoked or revocable at the donor's discretion, if they survive the conditions that caused them to anticipate death.

Section 126 of Transfer of Property Act, 1882 specifies as to when a gift can be suspended or revoked: If the donor and donee agree that on the happening of a specified event which does not depend on the donor's will, the gift shall be revoked. Any of those cases in which if it were a contract, it might be rescinded.

A gift may be revoked only by a mutual agreement on a condition by the donor and the donee, or by rescinding the contract pertaining to such gift. The Donations mortis causa and Hiba are the only two kinds of gifts which do not follow the provisions of the Transfer of Property Act.

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.

A gift may be revoked only by a mutual agreement on a condition by the donor and the donee, or by rescinding the contract pertaining to such gift. The Donations mortis causa and Hiba are the only two kinds of gifts which do not follow the provisions of the Transfer of Property Act.

A gift is valid and complete on registration.A deed of gift once executed and registered cannot be revoked, unless the mandatory requirement of Section 126 of Transfer of Property Act, 1882 is fulfilled.

The donor and donee may agree that on the happening of any specified event which does not depend on the will of the donor a gift shall be suspended or revoked; but a gift which the parties agree shall be revocable wholly or in part, at the mere will of the donor, is void wholly or in part, as the case may be.

Gift once given cannot be revoked. Gift deed s irrevocable. So once the gift deed s registered it becomes the sole property of the donee I.e., person who received the gift. But in case if the said deed was registered due to threat fraud or by force then it can be revoked and the same has to be proved before the court.

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Louisiana Revocation of Anatomical Gift Donation