part deals with gifts of immovable property while
the second part deals with gifts of movable property. Insofar as the gifts of
immovable property ... gift was succinctly
stated in following terms:
"The well settled legal position, based on authorities, is that a gift, subject to
the condition that
Kumar Jain & Anr. Page no. 4/14
v) Whether the gift in condition was a conditional gift?
OPP.
vi) Whether the plaintiff is entitled ... said condition. He submits that in
present case, all the said conditions are fulfilled hence, the
condition imposed in the gift deed is valid
that the gift deed dated 28.10.2016 is
forged and fabricated document as Smt. Tripta
Malhotra, mother of plaintiff at the time this gift
deed ... that the
condition of Smt. Tripta Malhotra is such that she
was not in her sound mind at the time the alleged gift
deed
valid registered
document.
33. It is further argued that condition in the gift deed that defendant
No.1 will reside in the suit property ... behalf of plaintiff as to how
this condition vitiates the gift deed. Condition in the gift deed that
defendant No.1 will reside
gift deed dated 08.03.2016 were different from the gift deed
dated 28.10.2016 from which it was crystal clear that both the
gift deeds were ... were different, ii) she was
not in a fit medical condition to execute the gift deeds, iii) if she
were to execute gift deeds
document Ex. DW1/9 which
is in respect of Air Conditioner gift scheme for the year 1996,
sales being above 250 Kilolitre
document Ex. DW1/9 which
is in respect of Air Conditioner gift scheme for the year 1996,
sales being above 250 Kilolitre
defendant No.1 was not in sound mental condition at the time of
execution of Gift-Deed dated 19.11.2010 (Ex. DW1/3). The plaintiff ... defendant No.1 was not in sound mental condition at the time of
execution of Gift-Deed dated 19.11.2010 (Ex. DW1/3). She also
executant and under perfect health condition.
It is specifically averred that the execution of the Gift Deed is not
voluntary. (viii) That the circumstances under ... mind."
25.5 The onus that the Gift Deed was executed in sound mental
condition by Late Sh. Ved Prakash Kalia would be upon
defendants
condition is imposed it will be treated as if
no such condition ever existed.
35. The defendant has contended that the clause in the gift ... gift deed shall have such effect as
if no such direction existed. The gift deed shall be given effect to as if
no such condition
