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
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
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 ... recitals of the gift deed that Motilal
Gopalji gifted the property to the respondent. In other words, It
was a conditional gift. There
possession of gifted property is not necessary to complete the
gift of an immovable property.
m) None of the conditions/circumstances prescribed in Section ... Transfer of Property
Act, 1882 defines „Gift‟ as under"-
"122. "Gift" defined. - "Gift" is the transfer of certain existing
accepted the gift under Exhibit A-l. Thus the twin requirements of valid execution of the gift deed and acceptance of the gift ... conditional gift and the property was gifted in favour of the plaintiff subject to certain conditions to be fulfilled by her. The learned Counsel
defines "Gift" as under:
"122. "Gift" defined. "Gift" is the
transfer of certain existing moveable or
immoveable property ... that
4 AIR 1974 SC 1084
11
gift was not gift simplicitor, it was subject to certain
conditions, as conditions were not carried, the State
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
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
deed off gift was not acted upon; that it was a conditional gift to the plaintiff on condition that the plaintiff will maintain the defendant ... direction in a gift deed that the donee should maintain the donor till his death will not make the gift a conditional
held that for a valid / complete gift, execution of a registered Gift
Deed, acceptance of the gift and delivery of property is essential ... Gift Deed it was held that it was a conditional gift; there
was no recital in the Gift Deed of acceptance nor was there
