Legal Question in Civil Litigation in Tennessee

My brother and I were given and XBOX 360 for Christmas this past year. The giver was our eldest sister who got kicked out now that she's 21. She is now saying the XBOX is her's and took it and is now trying to sell it. Is this legal? She already took it from our house.

Asked on 11/19/11, 1:21 pm

1 Answer from Attorneys

Ryan Nevin Nevin Law Firm

What she did is illegal and you can sue her to recover the property. A gift is a valid transfer of property, and the giver cannot revoke it once the transfer has occurred. A valid transfer requires intent to give, acceptance, and delivery. Here all three took place. The property is legally yours. If you need anymore assistance, please do not hesitate to contact me.

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Answered on 11/20/11, 7:25 am

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