There is neither any recital of acceptance nor is there any
evidence in proof of acceptance. The Gift was never
accepted during the lifetime ... members, gifted the property and
had executed gift deeds. The gift deeds executed by the
father is a valid deed; the offer, acceptance and delivery
JHHC:2985
(i.e. Roshan Lal) had accepted the Gift and had taken possession
of the same. The Donor has further expressed his desire that ... another, called the donee, and accepted by or on
behalf of the done.
Acceptance when to be made.- Such acceptance
must be made during
Property Act, 1882 defines a gift, the same
reads as follows:-
"122. "Gift" defined.--"Gift" is the transfer of certain ... Property Act, 1882 neither defines acceptance, nor
does it prescribe any particular mode for accepting the gift. The
word "acceptance" is defined
under the principles governing an oral gift
(hiba), once a valid oral gift is made by declaration, accepted by the
donee, and followed by delivery ... gift) and held that for a valid gift three essential ingredients must be
proved: (i) a clear declaration of gift by the donor, (ii) acceptance
spiritual organization is not a juristic person
and not competent to accept the Gift. The finding that the electricity
connection was transferred in favour ... when a person gifts properties to another and it is not an
onerous gift, one may expect the other to accept such a gift
when
Learned P.P. Mr. Dave
submitted that if a public servant accepts gift from unknown
Page 12 of 55
Uploaded by MR PANKAJ KUMAR PRASAD ... servant shall accept or
permit any of his family member or any other person acting on
his behalf to accept any gift, and thus submitted
Counsel for the respondent that, on the one hand,
he has accepted the gift deed executed by the defendant in his favour
.
and the Will ... Coparcenary and ancestral
property and on the other hand he has accepted the gift deed
executed in his favour by his father defendant Milap Chand
gift is not required to be attested,
then Section 68 of the Evidence Act will not apply to Mohamedan gifts and even when
the gift ... valid gift or hiba, three essentials of a valid gift
under Mohammedan law are (1) declaration of gift by the donor; (2) acceptance of gift
gift.
Under Section 149 , three essentials to the validity of the gift should be, (i) a
declaration of gift by the donor, (ii) acceptance ... Registration Act ; for a gift to be complete, there should be a declaration of the
gift by the donor; acceptance of the gift, expressed
owner and was in possession. The second defendant
too did not accept the gift. It was, as stated earlier, the
result of threat, intimidation coercion ... valid Gift/Settlement - Delivery of possession
not condition sine qua non to validate Gift - Execution
and registration by Donee/Settlee constitutes valid
acceptance Unilateral cancellation
