Hamid Ahmad
Asked August 04, 2016

return of wedding gifts

  • 1 Answer
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I got formally engagement before 09 months with a girl and it was all though an arranged marriage kind of set up.Now i does not want to get married with this girl because of personal reasons.At the time of engagement & after engagement we had given her gifts (Gold,Jewellery ,Cash etc) Please advise can we ask them to return all our precious gifts,be noted there was no grand function during engagement,all though it was simply tea party function,means they had not incurred much expenses.

Answer 1

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Saumya Gupta

The gifts given by you will take the form of gift given under Section 122 of Transfer of Property Act. Section 123 of the Transfer of Property Act provides that such a transfer of gift must be registered. Since there is no registration, the gifts can be repossessed1. Under Section 126 of the Act, after acceptance of gift, if the donor wants to restore the same, he will have to institute a suit for the same2. Therefore, first and foremost you may request them to give the gifts back, however, if that does not work out you file suit claiming the return of gifts given. However it must be pointed out that when you file for a suit, you will have to provide the list of items gifted and prove that the items were indeed gifted to the girl. You must keep the bill and receipts of the items purchased for the ceremony. In addition to this you will have to show that these items were indeed given to the girl by way of photogrpahs or witnesses who were present during the ceremony. Since there is no registered gift dee, you will have to rely on these evidences to establish that these itmes were transfered to the girl to satisfy the Court.

1 Kamal Mohapatra v. Pratap Chandra Mohapatra AIR 2010 Ori 13; Loyola Public School Society v. P. Anil Kumar, 2007 (NOC) 219 (AP).

 

2 Gopalkrishnan v. Rajamma, 2006 (4) KLT 377.

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