apply where the thing gifted is itself not burdened by any obligation, but the instrument of gift imposes a condition that the donee should discharge ... acceptance of an onerous gift, acceptance of the gift itself, is not sufficient, but an acceptance of the onerous condition also at the same time
that in the gift deed no condition is stipulated. When no condition regarding cancellation is found in the gift deed, then the same cannot ... seen that in the gift deed there was no contingency which should defeat the gift. But in this case, the gift deed contains an express
must be construed as a gift and a condition, which condition is invalid and that the gift which is mentioned as of a life-estate ... deemed that there was a gift and a condition and that the condition being invalid the gift operates as an absolute gift. In Mussamut Humeeda
gift will be rejected as repugnant; but if upon construction, the gift is held to be one of a limited interest, the gift can take ... made subject to a condition which derogates from the completeness of the grant, the condition is void, and the gift will take effect
rule applies to a testamentary gift (v). But if the gift is not of an absolute interest with a condition of defeasance ... nothing but a gift with repugnant condition and so such condition must fail and the gift must prevail as an absolute one, is no longer
must be construed as a gift and a condition, which condition is invalid and that the gift which is mentioned as of a life-estate ... deemed that there was a gift and a condition and that the condition being invalid the gift operates as an absolute gift. In Mt. Humeeda
upon the donor as a necessary or an essential condition of the grant. The gift was entirely out of love and affection and the reference ... absence of an express power of revocation for failure of a condition, the gift cannot be impugned or revoked.
While I am on this decision
wordings contained in Ex.A11 would not provide any condition for the gift and on the other hand, there is recital referring ... clear that the wordings would indicate that it was a gift without any condition and the possession was handed over to Chinnammal, the settlee
between the parties the donor stating the gift added that the gift was made on condition of the wife continuing to be his wife ... even if that was otherwise, assuming a condition and an immoral condition, it would be the condition that is immoral and not the consideration
doubt true
that delivery of possession of
gifted properties is an essential
condition of the validity of the
gift and its operative nature
under ... with the proposal that delivery of possession of
the gift property is an essential condition of the
validity of the gift
