would decide the validity of the
gift.
4. The expression 'conditional gift' stands for 'a
condition precedent to effectuate a gift ... gift is a condition
precedent and the gift would stand as conditional gift.
A condition imposing a liability over the subject of
the gift ( immoveable
This distinction runs all through the Muslim
law of gifts-gifts of the corpus (hiba) , gifts of the
usufruct and usufructuary bequests. No doubt
where ... court is to construe the gift. It
it is a gift of the corpus, then any condition which
derogates from absolute dominion over the subject
nature of gifts or partakes
the character of gift.
36. Having held that the words 'gift or otherwise'
have a restricted application insofar ... time of gift.
37. Section 126 of the T.P.Act, speaks of
suspension or revocation of gifts and validates any
condition which does
right despite the gift and reserves to himself the right to enjoy the
same, such a gift would be invalid. See K.S. Mahomed Aslam ... condition repugnant to the whole enjoyment of the
gifted property is attached to the gift, the condition would be
treated
attached
to the gift as gift deed and agreement form part of one
transaction. That was a case where a gift deed was executed ... revoke
the gift, but if such condition is not made as a condition for
revoking the gift in the document itself, then gift cannot
part
deals with gifts of immovable property while the second part
deals with gifts of movable property. Insofar as the gifts of
immovable property ... legislature was to make
delivery of possession of the property gifted also as a
condition precedent for a valid gift, the provision could and
indeed
defendant
No.2, his mother. Ext.B2, gift deed was executed on a condition that plaintiff
would maintain defendant No.2. Plaintiff failed ... mother but that is not a condition subject to which the gift was made. That can
only be taken as a direction or pious wish
recitals in Ext.A2
which contains a condition that the property gifted was to be
utilised by the donee, the University, for the purpose ... court below that, on account of non compliance of the condition
in the gift deed that the gifted property shall be utilised for the
purpose
contended that Ext.A1 is a conditional gift, the condition was not
performed by respondents-donees and hence the donor (Parukutty
Nethiaramma) was competent ... understand clause 3 of Ext.A1
as providing a condition for the gift. Ext.A1 is not a conditional gift nor
does
condition in the gift deed that the donee will maintain the
donor, after the execution of the gift deed. Moreover, the
gift deed reserves ... protected in
the gift deed itself, the gift deed could not have been
cancelled by the Tribunal, alleging violation of pre-condition.
Thus, the Tribunal
