Transfer of Property
Act, 1882 defines „Gift‟ as under"-
"122. "Gift" defined. - "Gift" is the transfer of certain existing ... Bench),
learned single Judge has held that a gift would be a valid gift if
the gift has been accepted even though the document
been cancelled by the
Appellate Tribunal inasmuch as the condition/s for revocation of the gift
deed is not mentioned therein and as such, there ... transferee fails
to fulfil such a condition.
29. In the present case, the gift deed dated 05.05.2015 does not contain
any explicit recital stipulating / incorporating
opportunity to prove before the Tribunal that the
gift was made on a condition that the senior citizen would be provided
the basic amenity ... implied condition in the context
of Section 23(1) of the Senior Citizens Act and therefore, such condition
need not be an express condition
committed breach of the conditions on
which the Gift Deed was made and the Gift Deed is liable to be
set aside on this ground ... defendants that the well settled legal
position is that a gift subject to the condition that Donee is to maintain the
Donor cannot be revoked
same, the arrangement could nto be treated as a condition of the gift at all. The lower appellate court was therefore wrong in holding that ... Transfer of Property Act. The condition in a gift or toher transfer of property restricting enjoyment is dealt with in section 10 and a restrictive
declaration of gift of the father of the deceased is Annexure K wherein he says that he had gifted an .old air conditioner ... which is a photo copy of declaration of gift on the old air conditioner by the father of the deceased that he was giving
aware of
the location where the Gift Deeds were executed. The photographs on the
Gift Deed dated 23.05.2007 shows her sitting ... never
examined to prove the medical condition of Smt. Jaswant Kaur. Thus, the
presentation and execution of the Gift Deed dated 02.06.2008 is
surrounded
dowry. That
the usual house hold goods, as per his financial condition, were
gifted by him to his daughter. That after 1½ months
necessary to state in the Gift Deed that the Gift Deed
is being given on a condition that the children will take care ... senior citizen has transferred his property by way of gift or otherwise
subject to the condition that the transferee shall provide the basic amenities
declaration of gift duly signed by PW8
wherein he has stated that he had gifted an old Air Conditioner to his daughter
valuing about ... income tax records as gifts but even getting a
declaration of gift of an Air Conditioner purported to be an old one is highly
unnatural
