gift. Under S. 149 , three
essentials to the validity of the gift should be, (i) a
declaration of gift by the donor, (ii) acceptance ... physically of the subject of the gift.
No evidence has been adduced to establish
declaration of the gift, acceptance of the gift
gift. Under S. 149 , three
essentials to the validity of the gift should be, (i) a
declaration of gift by the donor, (ii) acceptance ... physically of the subject of the gift.
No evidence has been adduced to establish
declaration of the gift, acceptance of the gift
donees as a recompense for the gift, that statement is a clear indication that the gift had been accepted by the donees ... herself, at the time of cancellation of the gift, never assumed that the gift was not accepted and therefore it is revocable.
30. As seen
validity of a gift that there should be (i)
declaration of gift by the donor, (ii) an acceptance of the gift, express or
implied ... live in the house gifted or to receive the rents after the
date of gift, will not invalidate the gift, the presumption being that
defines valid gift, which is as follows:
"125. "Gift" defined.- "Gift" is the transfer of certain existing moveable or
immoveable ... another, called the donee, and accepted by or on behalf of
the donee.
Acceptance when to be made.- Such acceptance must be made during
properties were transferred to
the plaintiffs by way of gift. The said gift was accepted by the
first plaintiff both on her behalf ... valid
acceptance of the gift by the minor donee.
Consequently, conclusion has to follow that the
gift having been duly accepted in law and thus
gift was conditional and incomplete.
The Supreme Court held: "It would thus be clear that the execution of a
registered gift deed, acceptance ... accepted by someone else
on his behalf. If the donor is a parent or grandparent, there is a
presumption that the minor accepted the gift
gift deed.
Counsel for the appellant, however, contended that the
impugned gift deed is not valid because the same was neither accepted by
the donee ... pursuant to gift deed.
Delivery of possession of the said properties to defendant no.1 depicts that
the gift deed was duly accepted. Thirdly, delivery
learned counsel for the appellant cannot be accepted.
12. On the question of valid acceptance of the gift, the learned counsel for the appellant contended ... date of execution of the gift deed, the gift would not be invalidated for lack of acceptance by another guardian or next friend, as acceptance
suit, in O.S.No.82 of 2009, had refused to accept the gift, made in respect of the lands in question.
6. The learned ... lands in question and the alleged refusal of the donee to accept the gift.
7. He had also submitted that the refusal of the respondent
