If a gift is given to some one, can that person take the gift back?

Question

Also, if the gift is not returned could the person that recieved the gift be charged for theft?

Ok, here's some backstory...my cuzin was kicked out of his house and now his mother is trying to take all the stuff she bought for him back...is this allowed?

Answer 1

No...they shouldn't take the gift back...and no...you can't charge some one if they refuse to give the gift back...you can't even sue them for it...watch a couple of Judge Joe Browns and you'll see that very clearly.

If a person gave some one a gift under some expressed understanding that was never satisfied, (like a thankyou gift for painting a house, let's say) then it ceases to be a gift but rather a form of payment, but only provided that it was expressed to be that way before the "gift" was received.

Or an engagement ring...it is a form of contract.

In response to your additional details, no..she still can't take it back...it was either a gift...or something a mother bought as her obligation to support her son...she could however argure somethings, like say a games system that was never expressly gifted to your cousin, she could say something like it was intended for the entire family not just your cousin. I doubt, however, that police would do much in this regard.

If she's booted him out of the house and is refusing to return any of his belongings, he does have the option of legal recourse to retrieve at least essential personal items.

Again, watch Judge Joe...I've even seen a mother who was being sued by her child for return of personal items and her excuse was it was for payment of the 18 years of food and clothes she bought....the excuse did not work.

Answer 2

In most circumstances you would not have to give a gift back once its understood that its a gift. The person who gave the gift has no legal recourse, unless that gift is a car they signed for that they didnt bother to pay off, or something else along those same lines (something like a house).

Answer 3

I do believe the law states that once a gift is given away, it no longer belongs to the giver. That's why everyone on Court programs always say that they received whatever property/money as a gift and not a loan....so they don't have to pay it back. It is hard to prove, but can be done.

Answer 4

Yes.

A gift that is wanted back is no longer a gift.
The person who the gift was given too will feel less hard done by than the person who asked for it back

Falling out of love is a different story anger will be =

Answer 5

yeah, of course. people do it all the time. if they can't use that particular gift, then there's absolutely nothing wrong with them returning the gift to the store and getting something they actually need or want. and i think it is possible they could be charged with theft. if that's what you're asking.

Answer 6

Once a gift is given to someone that gift is their to do with what they want. It no longer belongs to the giver. If the person who recieved the gift wants to take the gift to the backyard and burn it that is their business, it belongs to that person.

Answer 7

What you are really saying is that someone stole something and gave it as a gift to you and You are now in possession of stolen property. You have two choices. Tell the person who gave it to you to come get it or if he or she won't tell them you will call the Police. Do it ASAP.

Answer 8

NO , a gift is called a gift for a reason ,
no person may take a gift back , for it was a gift !
no court would go for that ..............
it was not stolen .it was GIVEN ))

Answer 9

NO. Once you give something to someone, the gift is no longer your property.

Answer 10

My husband delivered two Christmas presents for my friends; but, he gave the presents to the wrong person, When he confronted one friend, she said she is going to keep it. The other friend seem to want her present that was suppose to be hers in the first place. Do I let them decide?