defendant did
not follow the conditions and violated the terms and conditions in the
conditional gift deed. Therefore, the defendant has to revert back ... Property Act. Therefore,
the gift is not an absolute gift. The donor executed a gift deed by
putting some conditions, the donee accepted the gift
gift, when donee fails to accept the gift and when condition of the
gift are rescinded. Similarly, to a contract, the gift can be made ... subject to the
fulfillment of certain conditions and failure to comply those conditions result
in cancellation of gift as if gift was obtained by fraud
gift will
be deemed to be void. Therefore, such conditions
forming part of gift deed are also reiterated under
Section 23 of the Senior Citizens ... Thus, the deed of
gift in this case was not a conditional gift and no
responsibility had been cast upon the petitioner to
maintain
Noor Ahmad vs Mohd. Ahmad on 25 September, 2023
Author: Jaspreet Singh
Bench: Jaspreet Singh
when a gift deed shall be held and
accepted as a complete or incomplete gift deed and when cancellation of
gift deed is permissible under ... When the gift deed shall be treated a complete gift
deed--
"The execution of a registered gift deed, acceptance of the gift
deed
admitted by the plaintiff that the
settlement deed was a conditional one and the settlor having
revoked the same is the suit maintainable without setting ... through the
gift deed relied on by the respondent being a conditional gift and revocable
at the instance of the settlor. The settlee/respondent
executes a Gift Deed on 28.01.2014. Since the
entire issue now springs from the Gift Deed, conditions
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WP No. 12226 of 2020
stipulated ... breach of conditions of the Gift Deed. The order of the Assistant
Commissioner insofar as it is germane, reads as follows:
"12. The complainant
gift deed either to
return the land or to revoke the gift deed under certain specified
circumstances. Hence, the gift deed is an absolute document ... cancellation deed dated 15.03.2012 will clearly
indicate that it was a conditional gift and hence, the Liquidator was pleased to
cancel the said gift deed
Hanumaiah and
Ashwathnarayana gifted two pieces of properties in favour of
Venkataramaiah. Plaintiffs' case is that the purpose of the gift
was to render ... allowed the I.A. mainly on
three grounds. Firstly that conditional gift is not permissible
under the Transfer of Property Act . Secondly that
Government
to consider the request, this Court made the following observation:-
The gift of the land was given for a specific
purpose. The construction ... However, that
is not the case in case it is a conditional gift for
construction of school building, hospial, etc., and on
account of subsequent
