contend that the registered gift settlement deed dated
10.09.2003 is a conditional gift and since the respondents/
plaintiffs failed to comply with the condition ... gift by the
donee would be complete even though the deed of gift is not
delivered to the donee and the gift property continues
they had accepted the gift gifted by the donor (their father).
Even if it is considered as an oral gift, it should be valid ... question of such transfer being conditional. The transfer
is absolute. Conditions imposed in a gift of the corpus,
are void...."
17.12. The learned counsel
property in any way affected the
validity of the gift. That a gift deed was
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Downloaded ... time, such a reservation or retention
rendered the gift invalid. A conditional gift
was not envisaged by the provisions of the
Transfer of Property
donee had accepted the gift. The recitals in the gift deed
also prove transfer of absolute title in the gifted
property from the donor ... gift deed on the
premise that there was no completed gift of the
property. It was a case where the gift itself
would take effect
itself ultra vires
being contrary in nature since there cannot be conditional
gift nor there is any cogent ground to pass for such order ... deed of gift is completely
silent as to the transfer contemplated in the deed of gift
being conditional upon the transferee providing the basic
amenities
decision clearly rests on the facts of that case.
If the gift was conditional and there was no acceptance of the
donee it could ... gifted property in favour of the donee was
absent in that case which led this Court to hold that the gift
was conditional
execute the gift deed, the validity of the gift deed and
further as to whether the donee fulfilled the conditions
mentioned in the said gift ... gift and whether a gift of
the year 1962 is amenable for challenge at this length of time
and whether the conditions laid down
lands were gifted to the petitioner/defendant No.1 and
respondent No.2/defendant No.2. The said gift was a conditional gift ... conditions were imposed with regard to use of disputed land in a particular
manner, however, the said conditions were breached. Being aggrieved, the
respondent
seeking maintenance as
well as for cancellation of the gift deed executed by him in
2017 as the daughter seems to have driven ... security.
Since the gift deed in question is not being a conditional
gift deed the provision of Section 23 of Maintenance and
Welfare of Parents
gifted should not be accompanied by things
not gifted i.e. should be free from things which have not
been gifted.
(f) The thing gifted ... gift
the thing gifted has gone out of the donee’s ownership, the
same cannot be revoked. The donor may lawfully make a
gift
