same day, prescribing
conditions in the agreement executed later would be attached
to the gift as gift deed and agreement form part of one
transaction ... vitiating circumstances. Further if there are
conditions imposed and if there is no revocation clause to revoke
the gift on failure to perform the condition
subject to certain conditions, enabling the donor to cancel
the deed on breach of any of such conditions. A1 settlement
deed was subject ... defendants, concluded that A1 was an
outright gift and not a conditional gift liable to revocation.
Observing that there was no reservation in the deed
respondent No.1. It is trite law that when a gift is not
onerous only slight evidence is sufficient for its acceptance.
In appropriate cases ... conditional gift so that on
the non-fulfillment of the conditions the executant could have
cancelled the same. No right of revocation is also reserved
Will of the donor a gift shall be suspended or
revoked. A gift, which the parties agree shall be revocable
wholly or in part ... members or dependents with or without conditions
and if the conditions are not fulfilled and the right of revocation is
mentioned in the document itself
unable to find Ext.B2 as a conditional settlement or gift. Thus,
Ext.B1 also shows that there was in fact transfer ... that when the
gift/settlement has taken effect and it is not conditional and no power for
revocation is reserved with the executant, revocation
that
the gift may be made subject to conditions, either
precedent or subsequent. A condition precedent has to be
performed before the gift takes effect ... time of gift.
37. Section 126 of the T.P.Act, speaks of
suspension or revocation of gifts and validates any
condition which does
indicative of revocation thereof. See Thakar Singh v. Arya Prithinidhi Sabha, Punjab, AIR 1928 Lab 934, where the giving of various gifts by the testator ... will made by him, was held not to amount to revocation of the will. A will is after all an ambulatory document and so operative
conditional
one or a revocable one and whether any life interest was
reserved over the property and also whether it is a gift deed,
settlement
Kesavan Gangadharan vs Kesavan Rajendran on 25 July, 2012
Author: Thomas P.Joseph
Bench: Thomas
parties
consequent upon cancellation of a gift deed by the
husband. The husband executed a gift deed in
favour of the wife in respect ... cancellation deed
executed by the husband. The husband executed the
gift deed in respect
