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Showing contexts for: conditional gift in Dalavayi Nagarajamma vs State Bank Of India And Ors. on 16 June, 1960Matching Fragments
In all such cases, it will be clear that a conditional gift had been made that on the death of A, B would be exclusively entitled to the amount. But, if B in whose favour the gift is made happens to predecease A, it might be legitimate to hold that the gift that was made being conditional by reason ot the express terms of. the deposit receipt that it is payable to either or survivor, the amount reverts to A and he becomes the legal owner thereof and is entitled to payment.
5. The view that was laid down in ILR 55 Cal 944: (AIR 1928 PC 172) was followed in a later decision by the Privy Council in Shambbu Nath v. Pushkar Nath, AIR 1945 PC 10. On the facts of the case however the Privy Council came to the conclusion that the deposits were held for advancement and that those whose names were used were not merely nominees or benamidars.