held that for a valid / complete gift, execution of a registered Gift
Deed, acceptance of the gift and delivery of property is essential ... Gift Deed it was held that it was a conditional gift; there
was no recital in the Gift Deed of acceptance nor was there
deed of gift as the said agreement being contrary to the deed of gift cannot supersede the gift made by the plaintiff-donor in favour ... failure of the donee to do so, the conditional gift was superseded and Ext. PW-3/A was an integral part of the transaction
gift is for a specific charitable purpose, the performance of which is rendered impossible the courts have to consider the gift as a conditional ... purpose of the gift in Ex. P-3, would show that the gift in Ext. D-2 is supplemental to the gift
make the following contentions:
A) Ex.A11 is not a conditional gift and there is no power of revocation retained by the settlor. Therefore ... which is a conditional one was cancelled through Ex.A12. Actually, Ex.A11 is not a conditional gift. Though
mainly on the ground that the gift to the charity is only a substitutional gift and not a conditional gift. We do not agree ... independent gifts. Nor could they be considered substitutional gifts. Clearly, the gift under the will in favour of the charity and any gift which
contend that the registered gift settlement deed dated
10.09.2003 is a conditional gift and since the respondents/
plaintiffs failed to comply with the condition ... gift by the
donee would be complete even though the deed of gift is not
delivered to the donee and the gift property continues
force Smt. Naro was in possession of the land under a conditional gift. The case was therefore covered by sub-section (2) of section ... gift at all. The lower appellate court was therefore wrong in holding that the gift in favor of Smt. Naro was a conditional gift
Vijay Kumar Yadav @ Ghosh vs Shanti Ghosh on 1 May, 2026
Author: Anubha Rawat Choudhary
Transfer of Property Act, 1882 - Ss. 122, 123 and
127- Gift deed Conditions precedent for validity of and
grounds for rescission of a completed ... valid gift are as
follows:
"149. (i) a declaration of gift by the donor,
(ii) an acceptance of the gift, express or implied
based on
the facts therein, that when a donor executing a conditional gift deed and
retaining possession and enjoyment and also the right to mortgage ... borne in mind that Ext.A1 is not a conditional gift. It is an
outright gift with a stipulation made by the donor reserving
