daughter and if the donor declares that such a latent
condition is breached, the gift deed would also be liable for being
challenged ... gift. It is to ward
off a prospect of donee to plead that the gift was not made on such a
condition and that
subject to various
conditions. One condition was regarding gifting 13 Marlas of land to
Village Panchayat Kehrawar for making a path, a condition which ... availing access from 33 feet wide revenue rasta, the
condition regarding the gift was incorporated in the letter of Intent dated
19.3.2008.
8. Ld. Counsel
land as the appellants have not violated any condition of the
gift deed.
The other facts of the case are not required to be
reproduced ... Thus if an absolute gift is made, subject to a
condition restricting alienation the condition would
be void."
On the strength of these judicial
pious wish or could be a
pre condition. A person, can make the gift under the belief that
the donee will support and provide basic ... gift deed. It is to ward off a prospect of donee to
plead that the gift was not made on such a condition and that
without there being a finding and/or recital in the gift
deed qua the condition of providing basic amenities/maintenance to the
senior citizens ... this Act, has transferred by way of gift or
otherwise, his property, subject to the condition that the transferee
shall provide the basic amenities
gift can be conditional.
But there is no question as to whether a gift can be conditional
but the real question is that condition, which ... which the courts have taken the
view that condition restraining done from alienation of gift,
cannot be imposed and such a conviction is void under
cannot maintain the present
complaint as there was no condition mentioned in the gift deed
in respect of maintaining respondent No.3 and providing ... cancel gift deed. It
was to ward off a prospect of donee to plead that the gift was
not made on such a condition
this Act, has transferred by way of gift or otherwise, his
property, subject to the condition that the transferee shall
provide the basic amenities ... includes rights or interests in such property. 5th condition is that transfer by
way of gift or otherwise, shall be, subject to the condition that
whether agreement to sell amounts to transfer
and thus violation of condition of gift/allotment prohibiting transfer was
considered by the Supreme Court ... finds that
agreement to sell does not amount to violation of any condition imposing
prohibition on transfer as mere execution of agreement to sell does
take over the Janta High School,
subject to the condition that a gift deed along with certificate of
qualification of the staff working ... plea
cannot be accepted. There is no clause or condition in
the gift deed preserving or saving the age of retirement
prescribed in the said