If my father gave me a 42 inch TV as a birthday gift, can he take it back?
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If my father gave me a 42 inch TV as a birthday gift, can he take it back?
We are not on good terms. It was more of a landlord-tenant relationship. So I moved out and took the TV with me. He threatened to get me fired and to press charges for theft. So I gave him the TV back out of fear for my job. Can I take the it back?
Asked on March 23, 2013 under Business Law, Illinois
Answers:
SJZ, Member, New York Bar / FreeAdvice Contributing Attorney
Answered 11 years ago | Contributor
The issue is whether it truly was a gift to you or not. If it was a gift, he cannot take it back--a gift, once given, cannot be un-given. However, you say it was "more of a landlord-tenant relationship"--if he was providing a TV for the apartment or room and you only happened to have use of it while there, then it was not a gift to you and it would still belong to him.
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