donee is the person who accepts the gift. A gift may be accepted by, or on behalf of a person who is not competent ... over to him by the donor which he accepts, it amounts to a valid acceptance of gift in law. The specific recital in the deed
plaintiff, there is absolutely no evidence to show that he had
accepted the gift.
34. The learned Counsel would further submit that the first
plaintiff ... deals with
gifts. Section 122 of the Transfer of Property Act which defines gift
contemplates voluntary execution, passing of no consideration and
acceptance by donee
plaintiff, there is absolutely no evidence to show that he had
accepted the gift.
34. The learned Counsel would further submit that the first
plaintiff ... deals with
gifts. Section 122 of the Transfer of Property Act which defines gift
contemplates voluntary execution, passing of no consideration and
acceptance by donee
essential
ingredients of the gift under Section 122 of the TP Act. Whether
the gift under Ex.A-1 was accepted by the donees ... there is presumption of its acceptance because
express acceptance in his case is not possible and only an
implied acceptance can be excepted.
23. Section
Transfer of Property Act
defines 'Gift' as under:
"122. "Gift" defined.--"Gift" is the transfer of
certain existing ... conditions which are necessary to constitute a
valid gift, namely, a declaration of gift by donor,
acceptance of the gift and express or implied
majority. Furthermore to prove gift there is no proof on the side of the
plaintiff that the gift was accepted, because his mother/guardian ... attaining majority the gift was acted upon nor he
produced the original copy of the gift deed. Admittedly as per the gift
Samanta transpires.
One of the essential elements of gift is that the gift must be accepted
by transferee. Gift must be accepted by the donee ... gift, for example when it is a non-beneficial property or,
onerous gift. The donee may refuse the offer of gift of such properties.
Acceptance
issue.
10. The essentials of the gift made by a
Mohammedan are (i) declaration of gift (ii) acceptance
of gift (iii) delivery of possession ... there should not be acceptance of the gift.
One of the essential requisites of Mahomedan gift
being acceptance and delivery of possession, unless
there
another, called the
donee, and accepted by or on behalf of the donee. Acceptance when
to be made.—Such acceptance must be made during ... doubt or dispute that in
order to constitute a valid gift acceptance thereof is essential. We
must, however, notice that the Transfer of Property
incorporated in the
gift deed and hence, the alleged gift was not complete.
37. Besides, according to him, even the acceptance of the gift ... gift by the
plaintiff and the plaintiff has also put her signatures on the
registered gift deed as an acknowledgment of acceptance of the
gift
