Understanding the Law: When Can You Sue to Revoke a Gift and Reclaim Property?
Thai law allows only the original gift-giver to sue for revocation of a gift based on ingratitude, such as when the recipient commits violence, causes harm, or refuses to support the donor in poverty. Property reverts to the donor if the co
Understanding the law on revoking gifts due to ingratitude: who has the right to sue and recover property, and under what circumstances? While it is possible to reclaim gifted property, Thai law stipulates that only the original gift-giver—not other family members—has the legal standing to file such a lawsuit. If property is inherited directly from ancestors without passing through an intermediary, descendants cannot invoke ingratitude as grounds for recovery.
1. Legal grounds for revoking a gift due to ingratitude (Section 531) A gift-giver can reclaim property only if the recipient commits one of the following acts:
- Committing a serious criminal offense of violence - Physically harming or damaging the reputation of the gift-giver (such as attempted murder or causing serious bodily injury) - Seriously damaging the gift-giver's reputation or showing grave contempt - Using abusive language or making accusations that cause severe embarrassment - Refusing to provide necessities for the gift-giver's livelihood when the gift-giver is in poverty and the recipient has the means to help (for example, a parent gifts land to a child, but later when the parent lacks money for food, the wealthy child refuses to provide support)
2. Consequences of revoking a gift When the court orders a gift revoked due to ingratitude, the property reverts to the original gift-giver, with unjust enrichment provisions applied accordingly (Section 534).
How do gifts differ from inheritance? Inherited property and property received through gift are distinct legal matters. An inheritance occurs when a property owner dies and their rights transfer to heirs through law or will. A gift transfers property while the donor is still alive. Therefore, the right to revoke a gift due to ingratitude applies only to actual gifts, not direct inheritance.
