time the gift is created and the death of the donor the result would vary according as the gift is revocable or irrevocable ... exist is the best evidence of revocation.
9. Then he was asked as to the conditions affecting a gift of the second) class
India a deed of gift with an unconditional power of revocation in favour of the donor would make the gift a nullity. Section ... donor, a gift shall be suspended or revoked, but a gift which the parties agree shall be revocable wholly or in part at the mere
According to him as per
recitals of this Gift Deed it was conditional in nature and that it was to
operate after the death ... urged that such conditional Gift-Deed
could not be relied upon for divesting Raghunath of his title. It was only the
Will at Exhibit
Defendant No.1, was conditional and revocable in
nature and that the subsequent allotments have been revoked pursuant
to the revocation letter dated 8th March ... 2446-26.doc
consideration, has its registered office in Mumbai. The gift of the shares
in favour of the Defendant No.1 was effected
Defendant No.1, was
conditional and revocable in nature and that the subsequent allotments
have been revoked pursuant to the revocation letter dated 8th March ... whose shares are in
consideration, has its registered office in Mumbai. The gift of the shares
in favour of the Defendant No.1 was effected
revoked. The gift is at
Exh.43. Certified copy is at Exh.44. It is not a conditional gift nor
the gift appears ... Since
both these ingredients do not exist, the gift was irrevocable. The
alleged deed of revocation has no value. The gift, therefore,
conferred the full
advanced by the plaintiffs does not confine the alleged right of revocation to revocation by a written and registered instrument. If then ... implies that a gift has already been effected, and not that there is an absence of one of those continuing conditions of consent which
anything contained in the insirument of trust-
(a) no sale, exchange or gift of any immovable property, and
(b) no lease for a period exceeding ... application, authorise any trustee to dispose of such property subject to such conditions as he may think fit to impose, regard being
substance of the gift itself, then according to the strict Mahomedan Law the gift is irrevocable and the revocation clause in this settlement would have ... Mahomedan Law to show that where a gift is conditioned by a power restricting alienation, the gift is absolute and the condition is void
dedicated property.
(2) If a gift, then bad, (a) because it is a qualified and conditional gift, so far as the plaintiffs are concerned ... private gift inter vivos through the medium of the third party and therefore subject to all the conditions of a valid gift