Property Gifts & Family Transfers · Legal briefing

Cancelling a Promised Property Gift

By Adv. Yechiel Rachamim Menahemov & Adv. Assaf ShpigelPublished:

The practical dilemma

A parent signs gift documents, then experiences degrading conduct by the recipient and wants to reverse the transfer.

The legal position

Section 5 of the Gift Law 1968 requires a written undertaking. Under subsection (b), withdrawal may remain possible before detrimental reliance unless waived in writing. Subsection (c) separately addresses serious misconduct towards the donor or family, or marked deterioration in the donor’s finances. The two routes have different conditions. A completed gift of registered title is not reversed by this mechanism; other rights and grounds need separate analysis. Official source 1 Official source 2

Your next step

Collect gift documents, powers of attorney, waivers and reliance evidence. Establish the right transferred and whether the gift was completed. Review the appropriate route and tax-reporting consequences before withdrawal or further registration.