Buying gifted property in Andhra Pradesh: can the gift deed be cancelled? (Vizag, Vijayawada)
Short answer: in Andhra Pradesh, as across India, a registered gift deed can be revoked only in the narrow cases in section 126 of the Transfer of Property Act: a condition both sides agreed (not at the donor's mere will) or grounds like fraud. The bigger risk is section 23 of the Senior Citizens Act, 2007: a gift by a parent made on condition of care can be declared void by the Maintenance Tribunal if the care stops. If your Vizag or Vijayawada seller got the plot or flat by gift, read the gift deed and check the donor's situation before paying.
Who this is for: buyers in Visakhapatnam, Vijayawada, Guntur and Tirupati where the seller received the property from a parent or grandparent by gift or settlement deed.
What the law and official pages say (Andhra Pradesh)
| Point | Source and what it says | Status |
|---|---|---|
| Making a valid gift | Section 123 of the 1882 Act: a gift of immovable property needs a registered deed, signed by the donor (or someone for them) and attested by two or more witnesses. Section 122: if the receiver does not accept before the donor dies, there is no gift. | Act text read 24 Oct 2026 (search copy) |
| Taking a gift back | Section 126 allows suspension or revocation only on an event the parties agreed on that is outside the donor's control, or on grounds that would let a contract be set aside (other than lack of consideration). If the donor can cancel simply by changing their mind, the gift is void from the start. | Read 24 Oct 2026 (search copy) |
| Parent's care condition | Section 23(1), Senior Citizens Act, 2007: where an elderly person transferred property subject to the receiver looking after their basic needs and the receiver does not, the law treats the transfer as obtained by fraud, coercion or undue influence; the Maintenance Tribunal can declare it void if the elderly person chooses. | Read 24 Oct 2026 (search copy) |
| Position of someone who paid | Section 23(2): a claim for maintenance from the property binds a receiver who knew of it or who paid nothing, not one who paid and did not know. It speaks about maintenance, not about undoing the gift; get a lawyer's view for your deal. | Read 24 Oct 2026; your case: to verify |
| Who hears senior citizen cases in AP | The 2007 Act has a Maintenance Tribunal for each sub-division. AP's current notification naming the officer was not read today. | To verify at your RDO office |
| Title by gift in AP | IGRS Property Purchase FAQ: verify the seller's title from the document by which they got the property, and place a public notice calling for claims. | Read 24 Oct 2026 |
Buyer: five checks before you buy gifted property in Vizag or Vijayawada
- Get a copy of the gift or settlement deed (CC) and read every condition about care, maintenance or the donor's right to live there.
- Check the donor: alive, over 60, living with or apart from the seller? A care condition plus a family rift is the warning sign.
- Pull an EC from the gift date and look for a cancellation deed.
- Run an eCourts search on donor and seller, and ask in writing about any tribunal petition.
- Get the donor's written consent or have them join the sale deed as a confirming party (lawyer's call), and publish a newspaper notice.
Common mistake: assuming that paying full price makes you safe. Section 23(2) protects a buyer for consideration without notice only against the donor's maintenance claim; whether a later buyer keeps the property if the gift itself is declared void is a question for a lawyer.
Related guides
- Stamp duty on sale and gift deeds
- Buying property with a minor's share
- Agreement of sale vs sale deed
Property in Telangana? See the Telangana guide to buying gifted property.
Not legal advice. This page summarises bare Act text and official pages read on 24 Oct 2026 (some via search copies), with unconfirmed items marked "to verify". It does not state time limits or how any court has ruled on your facts. Have a property lawyer read the gift deed and title chain before you pay.
A free sample from our Andhra Pradesh property do-it-yourself pack: which documents to collect, which portal to open, and in what order, so you know how the seller got the property before money moves.
Get it free (instant download)FAQ
Can a gift deed be revoked in Andhra Pradesh?
Only in the cases in section 126 of the Transfer of Property Act: an agreed condition not depending on the donor's will, or grounds on which a contract could be rescinded. Otherwise a gift cannot be revoked.
Can parents in Vizag get back property gifted to children?
Under section 23(1) of the Senior Citizens Act, 2007, if the gift was made on condition of care and the child fails to provide it, the Tribunal can declare the transfer void at the parent's option. AP's tribunal officer details are to verify.
Is a buyer of gifted property protected?
Section 23(2) protects a transferee for consideration without notice against the donor's maintenance claim. Read the gift deed, check the donor and take a lawyer's view.
What should I look for in the gift deed?
Any condition about maintenance, care or the donor's right to live in the property, and any clause letting the donor revoke the gift.
Is a settlement deed the same as a gift deed?
It is often used to give family property to relatives. Read it the same way, for conditions and reserved rights (to verify with a lawyer for your deed).
Official sources
- Transfer of Property Act 1882 (India Code)
- TPA s.126 text
- Senior Citizens Act 2007 s.23 (mirror)
- IGRS AP Property Purchase FAQ (PDF)
Not legal advice. We don't check properties or certify ads. A lawyer must confirm title, and the Authority's own notices override anything on this page.