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
revocation should
be with the assent of the donee and it shall not be
at the will of donor as a gift revocable ... donee, the gift itself is void.
Since we are dealing with unilateral cancellation,
the power of registration of cancellation or
revocation of gift deed cannot
gift revocable at the mere Will of
the donor is void. The Sub-registrar cannot decide
whether there was consent for revocation outside the
document ... donee,
the gift itself is void. Since we are dealing with
unilateral cancellation, the power of registration of
cancellation or revocation of gift deed cannot
gift revocable at the mere Will of
the donor is void. The Sub-Registrar cannot decide
whether there was consent for revocation outside the
document ... donee, the gift itself is void. Since we are dealing
with unilateral cancellation, the power of
registration of cancellation or revocation of gift deed
cannot
revocation of the gift deed is not correct and committed an
error in not accepting the revocation of gift deed since the
gift deed ... also conditional gift deed and those conditions
are not complied. Hence, the same is revoked.
8. Having heard the appellant's counsel and also
revocation of the gift deed is not correct and committed an
error in not accepting the revocation of gift deed since the
gift deed ... also conditional gift deed and those conditions
are not complied. Hence, the same is revoked.
8. Having heard the appellant's counsel and also
from gift deed and by
referring to conditions of gift and grant of injunction, proceeded
to hold that there was violation of gift deed ... that there
was no condition in gift deed for revocation of gift and
circumstances under which certain conditions were incorporated
had changed, first appellate Court
Plaintiff has filed the suit for the relief of
declaration seeking the Gift Deeds executed by him as on
03.07.2018 as null and void ... wherein their
Lordships have held that,
"Section 126 - Gift : Suspension, cancellation and
revocation, conditions - no unilateral cancellation in case
of fraud, coercion, misrepresentation
gift revocable at
the mere Will of the donor is void. The Sub-registrar cannot decide
whether there was consent for revocation outside the document ... gift. When the power of revocation is reserved under
the document, it is permissible to the registering officer to accept the
document revoking the gift
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 ... cancelling the registration of gift or settlement
deed.
44. ....
(f)As regards gift or settlement deed, a deed of revocation
or cancellation is permissible only
