respondent/plaintiff for possession by way of
revocation of conditional gift deed dated 17.02.2009 was decreed.
.
2. The brief facts of the case are that ... husband started maltreating the
plaintiff and violated the terms and conditions of the conditional
gift deed. It is the case of the plaintiff that
Vijay Kumar Yadav @ Ghosh vs Shanti Ghosh on 1 May, 2026
Author: Anubha Rawat Choudhary
executed the gift settlement deed. Ex.A1
is not a conditional gift deed.
18. The appellant-defendant No. 2 would contend that the interest ... stated supra, Ex.A1 is not a conditional gift deed and there is no recital in
Ex.A1 deed that the plaintiff
suit for declaration was
perfectly valid inasmuch as the conditions incorporated
under Ext.A1 gift deed was void.
9. I have considered the rival ... conditional gift or not. This court held that the
reserving a life interest in a property does not make the
gift conditional
paragraphs
14 and 23 to 25, it is evident that the gift was
conditional and essentially connected to the obligation
of maintenance. Paragraphs ... upon such consideration, has clearly laid down the
legal position governing conditional gifts executed by
senior citizens.
12. Applying the said principles to the facts
title and for recovery of
possession on the basis of a registered gift deed executed in favour of the
plaintiff by the original owner ... trial Court. The Court held that
unilateral cancellation of a conditional gift is not valid under law and the gift in
favour of the plaintiff
consider the point that
whether the Gift Deed dated 04.04.2005 can be cancelled,
if so no Gift Deed can be cancelled ... revok the Gift
Deed.
iii). Failure of Conditions: If the gift was conditional
(e.g., donee provides care), failure to meet these terms
allows revocation
love and affection
towards defendant No.3 to 5, she executed conditional gift
deed dated 10.10.2013 vide registered document ... Item No. 2 of the suit schedule property is a conditional gift
deed and is not valid, as the said property was acquired by
their
consider the point that
whether the Gift Deed dated 04.04.2005 can be cancelled,
if so no Gift Deed can be cancelled ... revok the Gift
Deed.
iii). Failure of Conditions: If the gift was conditional
(e.g., donee provides care), failure to meet these terms
allows revocation
Need Basis
completely in violation to the agreed terms and
conditions of the gift deed executed on 8/8/2014.
RAJAT SINGH PATHANIA
RAJAT SINGH ... respondent no. 5 in complete violation of the
terms and conditions of the Gift Deed executed
between the petitioner and the respondent no. 4
whereby
