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
according
of
to our conditions. Therefore, I have to execute
immediately this deed of cancelling the
conditional gift deed between us. Therefore, I
hereby cancel ... such circumstances the deed of gift is not
at all a gift because if somebody agrees to gift some property
to anybody at the same
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
terms of the gift. There was no document filed for
proof of gift nor was there any proof regarding the alleged conditions said
to have ... have been gifted
several decades back. The details of the conditional gift such as the date of
the gift or the person who was associated
held in relation to the Hiba(gift) in Muslim law
that gift be unconditional and any conditions imposed or expressed are
void ... gift is however valid but conditions only void, for gift of
the corpus has to be unconditional. It is observed that transfer of corpus
refers
oral
gift under Mahammedan law by excludes application of Section 123 to
Mahammedan gifts: The fact, however, remains for such oral gift under
Mahammedan ... held in relation to the Hiba(gift) in Muslim law
that gift be unconditional and any conditions imposed or expressed are
void
gift; an oral gift fulfilling all the three
essentials make the gift complete and irrevocable. However, the
donor may record the transaction of gift ... essential requisites to make
a gift valid : (1) declaration of the gift by the donor: (2)
acceptance of the gift by the donee expressly
plea of the
plaintiff that the alleged gift deed was a conditional gift deed and
breach of conditions so contemplated therein warranted revocation ... alleged gift deed was a result of fraud
and misrepresentation and then also bring in the element of gift deed
rt
being conditional
gift deed on 30.10.1987 in favour
of the defendants. However, the said suit was filed by the plaintiff
praying for revocation of the said gift ... petitioner has
submitted that the gift deed was a conditional gift and as those
conditions were not fulfilled, the suit was maintainable. However,
during
