under
the aforesaid conditions.?
The material part of the cancellation deed reads as under:
?I have, on 15.5.65, executed a conditional gift deed ... according
to our conditions. Therefore, I have to execute immediately this deed of
cancelling the conditional gift deed between us. Therefore, I hereby cancel
under
the aforesaid conditions.?
The material part of the cancellation deed reads as under:
?I have, on 15.5.65, executed a conditional gift deed ... according
to our conditions. Therefore, I have to execute immediately this deed of
cancelling the conditional gift deed between us. Therefore, I hereby cancel
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 ... recitals of the gift deed that Motilal
Gopalji gifted the property to the respondent. In other words, It
was a conditional gift. There
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 ... recitals of the gift deed that Motilal Gopalji gifted the property to the
respondent. In other words, it was a conditional gift. There
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
appellant, the Institution had not violated any of the conditions of the gift under which the lands were given to the Devanga Educational Institution ... conditions. " The above statement would only disclose that the appellant management is ready and willing to abide by the conditions of the gift deed
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
when Ex.A1, settlement deed is not a "conditional gift", whether the Lower Appellate Court is right in law in upholding ... gift deed. The learned counsel therefore, submitted that the gift deed was validly revoked and the plaintiff will not get any title under the gift
essentials of a gift: It is essential to the validity of a
gift that there should be (1) a declaration of gift by the donor ... necessary to
complete a gift.
17. So, the declaration of gift by the donor and the acceptance of the
gift, express or implied
