gift is valid. The donors have
every right to reserve the right to cancel the gift deed on
certain conditions. Even if this defendant ... absolute transfer notwithstanding any
conditions that has been mentioned in the said conditional
gift deed EX.P2. From the conduct of the said Muniyallamma
hostel, etc.
3. It was further stated that said conditions were
incorporated as conditions in Gift Deed. It was further stated
that though defendant ... that there
was no condition in gift deed for revocation of gift and
circumstances under which certain conditions were incorporated
had changed, first appellate Court
gift is for a specific charitable purpose, the performance of which is rendered impossible the courts have to consider the gift as a conditional ... purpose of the gift in Ex. P-3, would show that the gift in Ext. D-2 is supplemental to the gift
wherein the Court held as follows:
"(A) Muhammadan Law - Gift - Gift of house - Conditions necessary - Donor and donee living in house, the subject matter ... conditions and validity of a gift under Mohammadan Law, the Court held as follows:
"Mohamadan Law - Gift - Conditions for validity - Gift simpliciter or life
validity of the gift should be, (i) a declaration of gift by the donor; (ii) acceptance of the gift, express or implied ... held:
"A deed of gift executed by a Muslim recording a gift made according to the three conditions laid down by Muslim
averment in the written statement, the gift has been accepted by any body competent to accept the gift, gift must be held to be invalid ... validity of the gift should be, (i) a declaration of gift by the donor, (ii) acceptance of the gift, express or implied
said gift, has failed to comply the terms and conditions of
the gift. He neither constructed a marriage hall nor kept or
retained the suit ... title over the suit land
since there is violation of conditions of the gift deed dated
01.09.1993.
4. It is also contended that initially
gifted to the Math, but it could be gifted to any
individual person. Hence, plaintiff and defendant No.1 agreed
to execute gift ... requested to gift the
property for construction of Math, it was given to defendant
No.1 voluntarily as gift. Though this was gift-deed
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
deals with provisions regarding 'Gifts'.
Section 138 reads as under:
138. Hiba or Gift A hiba or gift is "a transfer ... validity of 'Gift', that there should be
i) A declaration of Gift by donor
ii) An acceptance of Gift, express or implied
