gift, but it in no way
defined the purpose of the gift. The schedule A property
was gifted as an absolute transfer without any
conditions ... property is gifted wholeheartedly. Gift deed cannot be
revoked on mere change of mind. If at all the Gift Deed
was conditional, the donor
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
owner from the date of gift. Therefore,
there can be no demur that gift was a conditional gift, but not a
general charity.
21. Then ... construction, the second
Gift Deed will be cancelled by the donors. Thus, in essence, the gifts
are in the nature of conditional gifts. The further
subject of the gift.
A condition governing factum of gift is a condition
precedent and the gift would stand as conditional gift.
A condition imposing ... effectuate or not to effectuate the gift
thereunder. A gift may be made conditionally or it
may be made contingent upon the happening
said Act. The opposite party prayed
that the conditional gift bearing deed No.006010-9933/2018 registered by
the opposite party in the name ... opposite party that the first
deed of gift was a conditional gift. The opposite party gifted the property in
favour of the petitioner
gift
15
can be suspended or revoked. Present case
is not covered under Section 126 . According
to the respondent, gift can be conditional.
But there ... perusal of the gift deed as noted above indicates
that Muniswamappa gifted the immovable property to his
grandson, N. Revanna. Gift was not in favour
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
gift deed was executed, but the right of respondent no.3 was
to accrue only after the death of the petitioner. In the gift deed ... judgment, which is
quoted herein below:
"A conditional gift with no recital of acceptance and no
evidence in proof of acceptance, where possession remains
