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
gift is valid, the condition is void. Under the Shiah Law, if the condition is subsidiary to the gift, both the gift and the conditions ... gift must be held to be complete. It being not a contingent gift or a gift of a life interest or gift of property
gift, if three
essentials of the gift are satisfied. (1) a declaration of the
gift by the donor, (2) the acceptance of the gift express ... gift; an oral gift fulfilling all the three essentials make
the gift complete and irrevocable. However, the donor may record the
transaction of gift
validity of the gift should be, (i) a
declaration of gift by the donor, (ii) acceptance of the gift,
express or implied ... piece of evidence evidencing the gift itself, but, a
significant one, that gift must fulfill the three essential conditions
so that it may be termed
nature of the gift or gifts which this deed purports to make. To the first of these, that is the gift to the donor himself ... highly accredited works on Mahomedan Law to show that where a gift is conditioned by a power restricting alienation, the gift is absolute
Property Act, when the gift deed absolute and not a conditional gift, the donee gets absolute title under the gift. The settlement deed after ... Section 126 of Transfer of Property Act, except for the conditions stipulated therein, the gift is irrevocable. It is not disputed that the none
Transfer of Property Act, 1882 have no application to the conditions of a valid gift governed by the Mahomedan Law. While it can be said ... However, what we are dealing, is the applicability of the conditions of a valid gift under the Mahomedan Law. As discussed above, a registration being
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
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
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
