possession of gifted property is not necessary to complete the
gift of an immovable property.
m) None of the conditions/circumstances prescribed in Section ... Transfer of Property
Act, 1882 defines „Gift‟ as under"-
"122. "Gift" defined. - "Gift" is the transfer of certain existing
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
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
includes the power to relieve a nation-wide economic maladjustment by conditional gifts of money."
26. Finally the learned Judge also observed as under
gift deed dated 28th November, 1998 and not by the conditional gift deed dated 30th November, 1999.
5. The plaintiffs have summed up the case ... favor of the plaintiff nor does it make the unconditional gift to conditional one.
(o) The letter dated 10th June, 1004 is clearly a forged
terms of the definition of gift,
referred above, the essential requisites for a valid gift deed are : (i) absence
of consideration; (ii) donor ; (iii) donee ... validity is in
favour of the Plaintiff. The essential conditions of the gift deed are provided
in the document and the same inter alia read
Transfer of Property Act, 1882, the terms and
conditions for revoking a gift deed must be "written terms and conditions"
and a pleading ... therein to such pre-conditions.
39. Thus, the fact that the conditions were not explicitly set out in the gift
deed, did not foreclose
conditions precedent,
specifically the non-payment of Rs.4,00,000 to the Appellant. Even if
the documents are treated as conditional gifts ... clear that a
conditional gift may be revoked by the donor, leaving the title with the
donor.
14.4 Limitation- It was submitted that
gift thereby making the gift incomplete. This Court
further held that the donor cancelled the gift within a month of the gift
and subsequently executed ... execution of a registered gift
deed, acceptance of the gift and delivery of the property, together
make the gift complete. Thereafter, the donor is divested
Sreekumar (2019) 11 SCC 391 also, in the context of a conditional gift it
was held that a conditional gift only becomes complete on compliance ... conditions in the deed and when a gift is incomplete, the title remains with
the donor and the gift deed might be cancelled. Reference
