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
opposite party no.1‐donor was a pre‐condition of the gift, attracting the
principle embodied in Section 23 of the 2007 Act. Since ... gift.
32. Even the language of the impugned deed of gift itself is completely silent as to
the transfer contemplated in the gift deed being
Gift Deed such Gift Deed or Settlement Deed cannot be
revoked unilaterally. If the Gift Deed is executed subject to the condition and
such condition ... condition that the donee would look after the
petitioner and her husband and subject to the condition that the
gift would take effect after
Courts below holding that delivery of possession of
gifted property is a condition precedent to hold the
gift-deed as valid, is per-se contrary ... possession to donee is not an essential condition of the
gift. The condition recorded in gift-deed to receive
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Courts below holding that delivery of possession of
gifted property is a condition precedent to hold the
gift-deed as valid, is per-se contrary ... possession to donee is not an essential condition of the
gift. The condition recorded in gift-deed to receive
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Transfer of Property Act,
which reads as follows:-
“122. “Gift” defined
“Gift” is the transfer of certain existing moveable or
immoveable property made voluntarily ... making of valid Gift and delivery of
possession of Gifted property is not essential condition for completion of
valid Gift. Mere retention of right
physical needs of senior citizen
mother in violation of the condition of deed of gifts, allegedly cancelled by
Appellate Tribunal in this case. The Tribunal ... mother and further proceeded to cancel the gift deeds, for having made
violation of the condition of transfer by refusing to provide amenities and basic
Veerappa Vanniar under the following
conditions,
"The present gift is effected on condition that the
donee shall get the ownership of lands entered ... dated 05.11.1901 and further held that the said
condition of the charities described in the original gift deed shall be
deemed as if not written
land gifted by the petitioner to
the State subject to the condition that gift would be used for construction
of the said school
cast any valid
challenge, visavis, the afore condition, as, embodied in
.
the gift, rather becoming infringed, nor his becoming
construed, to, hold ... visited,
upon, the afore imperative condition, condition whereof,
hence, is, a condition, in, perpetuity, rather would
render, the apposite gift deed, becoming amenable, for,
becoming
