Property Act, when the gift deed absolute and not a conditional gift, the donee gets absolute title under the gift. The settlement deed after ... Section 126 of Transfer of Property Act, except for the conditions stipulated therein, the gift is irrevocable. It is not disputed that the none
case that the gift deed is 1943 is not simple gift, but it is either a conditional or onerous gift, and there is no presumption ... donee should maintain a certain person. Even in the case of conditional gift, coming under Section 127 of the Transfer of Property Act, acceptance
necessary for the gift to take effect; (1) a declaration of the gift by the donor; (2) acceptance of the gift, express or implied ... validity of the gift should be, (i) a declaration of gift by the donor (ii) acceptance/of the gift, express or implied
Transfer of Property Act, 1882 have no application to the conditions of a valid gift governed by the Mahomedan Law. While it can be said ... However, what we are dealing, is the applicability of the conditions of a valid gift under the Mahomedan Law. As discussed above, a registration being
gift was revocable by reason of the donee not paying the debts of the donor or whether the gift was absolute or conditional. This ... raised are:
(1) Whether the deed of gift was duly proved?
(2) Whether the gift was conditional and Baboo was competent to revoke the gift
gift is subject to an exception in the case of conditional gifts on marriages, so that a bequest in favour of a girl ... certain exceptional, cases off provisions by way of contract or of conditional gift on marriages or other family provisions for which' authority
five Gift Deeds, all dated September 25, 1951: and by each Gift Deed he gifted different immoveable properties mentioned in the relevant Gift Deed ... major sons themselves accepted the
gifts on their own behalf. In each of the five Gift Deeds certain conditions were laid down by the deceased
oral
gift under Mahammedan law by excludes application of Section 123 to
Mahammedan gifts: The fact, however, remains for such oral gift under
Mahammedan ... held in relation to the Hiba(gift) in Muslim law
that gift be unconditional and any conditions imposed or expressed are
void
donee.
2. Whether the cancellation of gift deeds subsequently alter the character of the gift, as the gift deeds are unconditional and the Transfer ... hereinafter referred to as TP Act ) permits revocation of gift if the gift is conditional only. There is no provision as regards to the cancellation
gifting the property to O.P. No.2 has
not become exclusive owner of the same, because it was gifted with
conditions ... whether a trust
can be created by virtue of a conditional gift.
We have heard learned counsel for the parties at length. Since the
appellant
