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
expressions, namely, "gift" and "will" have well defined meanings in law as well. Whereas "gift" has been defined under ... bequeath", it was some kind of gift, such as a conditional gift, as contended by Mr. J. C. Sinha, would have been meant, there
donee.
2. Whether the cancellation of gift deeds subsequently alter the character of the gift, as the gift deeds are unconditional and the Transfer ... hereinafter referred to as TP Act ) permits revocation of gift if the gift is conditional only. There is no provision as regards to the cancellation
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
validity of the gift should be, (i)
a declaration of gift by the donor, (ii) acceptance of
the gift, express or implied ... gift
4)Property to be gifted
5)Acceptance of the gift
6)Handing over the possession of the gift
33.A gift is given
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 the gift is complete. Section
cancellation of Gift Deed. Ofcourse,
she ought to have sought for cancellation of Gift Deed.
But, when she proved that Gift Deed was obtained ... failure to perform condition
mentioned in gift deed - Held, cannot have
the effect of making the Gift a conditional Gift
enabling donor to revoke
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 ... subject-matter of the gift by the
donee, either actually or constructively, is necessary to complete a gift.
28. Gift under Mahomedan
Transfer of Property Act deals with gifts, and Section 122 defines "gift" as " the transfer of certain existing moveable or immoveable property ... that until the document is registered the gift is incomplete in law even though the other two conditions as to the instrument being duly signed
same house. Veerayah by a gift deed, Ex. A-7, dated 11-6-1918 gifted away items 1 to 4 of the plaint schedule ... property by gift. The law requires acceptance, because in many cases the gift deed might contain onerous conditions and the donee may not be wilting
