Questions:
- Can the recipient of a land gift deed sell or transfer the land?
- If the land is sold by the recipient, can the original grantor reclaim ownership?
Answers:
1. Can the recipient of a land gift deed sell or transfer the land?
Yes, the recipient (deedee) of a properly executed gift deed can sell or transfer the land. Under Bangladeshi law, a gift deed transfers full ownership rights to the recipient if it meets the legal requirements, including:
- The grantor’s intent to gift the property without consideration.
- Acceptance of the gift by the recipient.
- Delivery of possession.
Once these conditions are met, the recipient gains absolute ownership of the land and can freely sell or transfer it unless there are restrictions explicitly mentioned in the deed.
2. Can the original grantor reclaim ownership after the recipient sells the land?
No, the original grantor (deed grantor) cannot reclaim ownership once the gift deed is legally executed and accepted. A gift is irrevocable under Bangladeshi law unless:
- The deed was executed under fraud, coercion, or undue influence.
- The deed includes a revocation clause specifying conditions under which the gift can be revoked.
If the recipient has already sold the land to a third party, the grantor’s claim becomes even weaker as the new owner gains rights through a legitimate sale. The grantor may file a lawsuit if they believe the deed was fraudulent, but proving fraud can be challenging.
Legal Notes:
- If the deed was registered as a “gift” but intended as a “sale,” the grantor may face challenges proving the original intent unless there is supporting evidence.
- Always ensure deeds clearly state the nature of the transaction (gift or sale) to avoid disputes.