mother of the plaintiff and defendant dated
10.10.2011 is a conditional gift based on whether
her husband would execute a similar settlement
deed in favour ... whether the settlement deed dated
10.10.2011 (Ex.P3) is a conditional gift deed, the test that has to be applied is
to read
mother of the plaintiff and defendant dated
10.10.2011 is a conditional gift based on whether
her husband would execute a similar settlement
deed in favour ... whether the settlement deed dated
10.10.2011 (Ex.P3) is a conditional gift deed, the test that has to be applied is
to read
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 possession of the gift by the donee, actually or constructively. Then only gift is complete. Section 152 envisages that
argued that the gift deed considered in that case
was identical to Ext.A2 gift deed and therefore
findings of courts below are unsustainable ... Courts below rightly found that Ext.A2 was
not a conditional gift. Evidence also prove that
Ext.A2 was accepted and acted upon
that the A.O. has accepted these two gifts as genuine gifts fulfilling all the requisite conditions necessary for providing the identity and creditworthiness ... both accepting the factum of the gift. Further the gift is also evidenced by documentary evidences like gift deeds, sworn affidavits, declarations before
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 gift is complete. Section 152 envisages
establish the oral gift pleaded by him in the plaint. The case of
the plaintiff was that Meeralava Rawther orally gifted the plaint schedule
properties ... plaintiff the oral gift was in January,
1982. Of course a Mohammedan can orally gift his properties. The three
essential conditions of gift by Muslim
situated at the said Galisparincovil Street, Pondicherry with certain conditions. The said Usufructory Gift Deed dated 25.04.1934 has conditions:
(i) The said ladies Balasoubbammalle ... present and undertake to conform to the conditions under which the present gift is made', as seen from the recitals of the said document
situated at the said Galisparincovil Street, Pondicherry
with certain conditions. The said Usufructory Gift Deed
dated 25.04.1934 has conditions:
'(i)The said ladies Balasoubbammalle ... present and undertake
to conform to the conditions under which the present gift is
made', as seen from the recitals of the said document
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. . ."
13. In support of his contention
