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
cancellation or revocation of gift. The Gift Tax Act , is silent on the revocation of gift and if, gift is made, whether ... gift cannot be revoked." A gift is a transfer of property and when an absolute gift is made, subject to a condition restricting alienation
defines "Gift" as under:
"122. "Gift" defined. "Gift" is the
transfer of certain existing moveable or
immoveable property ... conditions
of the gift, the gift is revocable. What has been
alleged in the plaint that the purpose of gift has came
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
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
Bench), learned single Judge has held that a gift would be a valid gift if the gift has been accepted even though the document ... universal donee. On the same day of the gift, the donee accepted the gift on condition that he would maintain the plaintiff an old widow
gift deed for revocation of the gift on account of any breach of conditions referred in the gift, the gift cannot be revoked for breach ... gift deed, on account of violation of which gift can be revoked, the gift cannot be revoked, however, in case, there was any condition
respondents, on the other hand, submitted:
(i) Acceptance of gift being a condition precedent for a valid gift and
the first Appellate Court ... emphasis was laid on handing over of possession as a condition of valid gift.
29. In Smt. Gangabai v. Smt. Chhabubai
life time, such a reservation
or retention rendered the gift invalid. A conditional gift was not
envisaged by the provisions of the Transfer of Property ... part deals with gifts of immovable
property while the second part deals with gifts of movable property.
Insofar as the gifts of immovable property
that the deed off gift was not acted upon; that it was a conditional gift to the plaintiff on condition that the plaintiff will maintain ... under the deed of gift.
4. The trial Court found that the gift was genuine and valid; that the gift was accepted by the plaintiff
