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
gift, both the gift and the conditions are valid. In practice, there is no difference whether the gift depends on the condition attached, or whether ... gift must be held to be complete. It being not a contingent gift or a gift of a life interest or gift of property
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
settlement is for valid and genuine reason, namely failure of gift
condition and nothing else. Immediately, after cancellation, the
petitioners were informed about ... condition that the donee would
look after the petitioner and her husband and subject to the
condition that the gift would take effect after
such circumstances the deed of gift is not
at all a gift because if somebody agrees to gift some property
to anybody at the same ... deed of gift.
of
34A. The deed of gift however can be revoked :-
(i) If there is any prior condition that the gift
gift deed can be incorporated
in the gift deed deed itself. Where the property is
transferred by a registered gift deed with a condition ... revocation mentioned in the
gift deed. Where the property is transferred under a
registered gift deed without any condition of revocation,
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absolute rights
cancellation of Gift Deed. Ofcourse,
she ought to have sought for cancellation of Gift Deed.
But, when she proved that Gift Deed was obtained ... perform condition
mentioned in gift deed - Held, cannot have
the effect of making the Gift a conditional Gift
enabling donor to revoke the same
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
Section 156 of Transfer of Property Act, except for the condition stipulated therein, the Gift deed is irrevocable. It is not disputed that the none ... condition entitled revoking of Gift Deed exists in this case, as the Gift Deed was irrevocable and unconditional, it was not open to respondent
Section 156 of Transfer of Property Act, except for the condition stipulated therein, the Gift deed is irrevocable. It is not disputed that ... condition entitling revoking of Gift Deed exists in this case, as the Gift Deed was irrevocable and unconditional. It was not open to respondent
