Indian Kanoon - Search engine for Indian Law

32. The above judgment is very closely applicable to the facts of the present case.

33. In another decision in Tila Bewa v. Mana Bewa AIR 1962 Orissa 130, it was held that even a case conditional gift cannot be revoked on account of violation of the condition, which was for maintenance and that the donor can only recover the maintenance.

34. In a Division Bench judgment of this Court in Grandhi Padmanabham 's case (supra), which overruled the judgment of the same case G Padmanabham's case (supra), where the gift deed was executed and later on another agreement was executed imposing certain conditions like payment of maintenance, it was held that subsequent unregistered document is not valid, consequently revocation of the gift is also not valid. In that case, plaintiff and Defendant No. 3 were sons of Defendant No. 2, the parties entered into a partition, thereafter Defendant No. 2 gifted certain properties to plaintiff and Defendant No. 3 by executing a registered gift deed on 15-9-1966. The gift deed was acted upon. The plaintiff executed an agreement dated 15-9-1966 itself to pay Rs. 200/- per month towards maintenance to Defendant No. 2 and Defendant No. 3 also executed an agreement to pay Rs. 100/- per month towards maintenance to Defendant No. 2. Later, Defendant No. 2 revoked the gift deed by a registered revocation deed dated 8-5-1967 as the plaintiff and Defendant No. 3 did not keep up their promise of payment of monthly maintenance. On evidence, it was found that the agreements for payment of maintenance were duly executed. It was held that the donor and the donee can agree for revocation of gift on conditions to revoke incorporated in the gift deed itself. Where the properties are transferred by registered gift deed with conditions for revocation, the property is said to be transferred to the donee subject to conditions of revocation mentioned in the gift deed. Where the property is transferred under a registered gift deed without any condition of revocation, absolute rights in the property will be transferred to the donee from the donor and the donor will have neither the right to revoke the gift deed nor to deal with the property in any way. Once the gift is completed, absolute rights are conferred on the donee. There was no condition in the gift deed that the donor had right to revoke the gift on the failure of payment of maintenance amount by the donee, on the other hand, it was stated that the gift deed is executed with free will and volition of the donor. Under the gift deed, all the rights stood transferred to the donee on the same day. Agreement was executed separately by virtue of which right is created in favour of the donor by the donee to revoke the gift deed, in case the donee fails to pay the maintenance amount. Thus, the agreement altered the rights created under the gift deed in favour of the appellant, as such, it required registration.

35. In the case on hand, whether a separate agreement imposing conditions for revocation of gift, requires registration would not arise, as here there is no such written agreement. The finding that if the gift is subject to conditions and in case the conditions are not fulfilled, the gift can be revoked is relevant.

36. Thus, the legal position is that in case there is any condition in the gift deed for revocation of the gift on account of any breach of conditions referred in the gift, the gift cannot be revoked for breach of conditions contemplated. In Tila Bewa 's case (supra), even it was held by the Orissa High Court that in case of breach of conditions like non-payment of maintenance, the remedy open was to only recover the maintenance but not to revoke the gift, that position has not arisen in this case and the Hon'ble Division Bench of our High Court also did not emphatically affirm the above decision, as such, I hold that the legal position is only that in the absence of conditions in the gift deed, on account of violation of which gift can be revoked, the gift cannot be revoked, however, in case, there was any condition in the gift deed, itself, and the same is violated, it can be revoked. There cannot be revocation of gift on the basis of a separate document imposing conditions, unless the same is a registered document.