father to gift the suit
property to him. He asserted that his father executed two gift deeds; first of such gift deed was
executed ... conditional
gift. Rather he claimed that it was an absolute gift. According to him such a gift cannot be
cancelled by the donor, after
become a member after fully knowing the scheme and terms &
conditions and accordingly, signed the purchase agreement for the
membership. Further, it is contended ... conditional gift
thereby the donee is entitled to get that gift subject strictly adhere various
terms and conditions. According to
the Opponents, they made necessary
validity of the gift should be, (i) a declaration of gift by the donor, (ii) acceptance of the gift, express or implied ... subject of the gift and taking of possession of the gift by the donee, actually or constructively. Then only the gift is complete. Section
Registration Act ; a gift to be complete, there should be a
declaration of the gift by the donor; acceptance of the gift,
expressed or implied ... that property either
actually or constructively. On proof of these essential
conditions, the gift becomes complete and valid. In case of
immovable property
validity of the gift should
be, (i) a declaration of gift by the donor, (ii)
acceptance of the gift, express or implied ... subject of the gift and taking of possession of the
gift by the donee, actually or constructively. Then
only the gift is complete. Section
under registered Gift Deed
dated 03.10.1999. This court has held that Gift Deed dated
03.10.1999 is contrary to the terms and conditions of Gift
Deed
being run. Thus,
the Trust has violated the terms and conditions of gift and the gift of
land is liable to be cancelled. Moreover
gift. Although Muslim Law permits oral
gifts but oral gift means a gift by way of oral declarations which
satisfies all the three essential conditions ... validity of a gift that
there should be (1) a declaration of gift by the donor, (2) an
acceptance of the gift, express or implied
oral or documentary evidence.
8. The learned Single Judge held that gift deed is not registered and that the plaintiff Trust continued ... plaintiff. The learned counsel elaborately referred to the terms and conditions of the gift deed Ex.P.2 and the agreement
provision in the Act or the
Rules to transfer, sale, gift, lease property of the Gram Panchayat to any
right-holder.
After hearing counsel ... Panchayat. - (1) A Panchayat may, on such
terms and conditions as may be prescribed, gift, sale,
exchange or lease the land in shamilat deh . vested