fulfilled, otherwise gifts are not revocable. The real question for decision is whether the gift embodied in Ex. Dl is a conditional gift within ... gift cannot be revoked. |
28. Both the Courts below acted illegally in considering the gift deed to be a conditional and revocable one under
gift on conditions to revoke incorporated in the gift deed itself. Where the properties are transferred by registered gift deed with conditions for revocation ... gift on account of any breach of conditions referred in the gift, the gift cannot be revoked for breach of conditions contemplated. In Tila Bewa
Property Act, 1882 --Conditional Gift--Revocation--
Deed of gift followed by a declaration, within seven days of
the execution of gift deed, signed by both ... Thakker and
others--Property--gift-- Section 122 of Transfer of
Property Act, 1882--matter related to gift-deed--donor
executed conditional gift deed and retained
fall within the definition of a gift as defined U/s 2(xii)
of the Gift Tax Act, 1958 .
4 ITA No.199(Asr)/2015 ... unrestricted power to take it
back the next minute.
c. That conditional/revocable gift being outside the preview of a
valid gift does not constitute
gift, it follows that if the
donee failed to do that which it has conditioned he should do,
the gift is revocable. The learned counsel ... failure to perform any of the conditions the
gift will be void, then certainly the gift could have been
revoked; the document "does
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 ... donor and a gift revocable at pleasure is no gift at all. This provision provides only two conditions where a gift can be revoked
sufficient to decide
whether the Gift Deed is conditional or unconditional. To
make out whether gift deed is conditional Sec.126 has to
be applied ... property is gifted wholeheartedly. Gift deed cannot be
revoked on mere change of mind. If at all the Gift Deed
was conditional, the donor
registration.
of
Therefore, the said conditional gift deeddated 15.5.65
is hereby cancelled and meaningless. The property
under the conditional gift has not been ... agreement
for revocation. In such circumstances the deed of gift is not
at all a gift because if somebody agrees to gift some property
whether
under that custom, conditional gifts are revocable? OPP.
of
1(a) Whether the gift in question is conditional? OPP.
2. If issue ... conditional in lieu of services
.
and the conditions of the gift having not been admittedly fulfilled
by Dalip Singh and the gift was revocable
conditional one and the settlor having
revoked the same is the suit maintainable without setting
aside the deed of revocation executed by the settlor ... claiming right in possession through the
gift deed relied on by the respondent being a conditional gift and revocable
at the instance of the settlor
