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
validity of the gift
deed. The plaintiff argued that the gift deed is not an
absolute gift and that as the conditions of the gift ... gift can be revoked. Under Section 126 of
the Transfer of Property Act, 1882, a gift can be revoked
only under certain conditions. The Section
which he is gifting.
(b) The thing gifted should be in existence at the time of
hiba.
(c) If the thing gifted is divisible ... gifted should not be accompanied by
things not gifted i.e. should be free from things which
have not been gifted.
(f) The thing gifted
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 ... donee
becomes absolute owner of the property.”
15. A conditional gift with no recital of acceptance and no
evidence in proof of acceptance, where possession
Property Act, 1882 defines "Gift‟ as under"
"122. "Gift" defined. "Gift" is the transfer of certain existing movable ... donor to the donee. However, it is permissible to make conditional
gifts. The only restriction is that the condition must not be
repugnant
conditional deed of gift which does not
come under the valid documents of gift?
II. Whether the deed of gift dated 29.01.1997 has
not been ... right
title to transfer the land after canceling the deed
of conditional gift if the plaintiff failed to
maintain her which is sole condition
urged that such conditional Gift-Deed
could not be relied upon for divesting Raghunath of his title. It was only the
Will at Exhibit ... rendered in the facts of that case and that if the Gift was conditional
without any acceptance, it would not operate as a Gift
cancellation of the gift deed in view of
the violation of the terms and condition laid down in the said
gift deed.
Both the learned ... basis of the following substantial question of law:-
i) Whether the conditional gift deed is valid in the
eye of law?
Page
Appellants, the Gift Deed dated 10th December, 2002 was purely
conditional gift and due to non-fulfilment of the condition, the shares of
Late Kishanlal ... Gift Deed dated 16.10.2007
13. Now we come to the Gift Deed dated 16th October, 2007 relied on
by the Appellants. The document of Gift
gifts to Mohammedens."
" As per the conditions for valid gift, " the
three conditions which are necessary for a valid
gift under ... donee, either actually or
constructively."
If these conditions are complied with the gift
is complete. According to Muslim Law, it is not
necessary that
