since deceased, had formed a layout and as a pre-condition
thereof had gifted the property by Ex.A2, gift deed, to the appellant ... been handed over to the appellant. There was no
condition reserved in the gift deed that it would be revoked if the
purposes for which
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
favour, in gross violation of the
condition in the gift deed. The defendant No.3 in turn has
alienated the suit schedule property in favour ... vide Ex.D2 is in violation
of condition imposed in the gift deed. Both the Courts have
concurrently held that the said condition imposed
conditions of gift
executed by his mother Late Srimati Raj Dulari Devi. Learned
counsel submits that the land was specifically gifted out for
establishment ... conditions of gift and are proceeding to make construction of an
Industrial Training Institute.
Question regarding the execution of gift/condition of
gift as well
Deed by failing to render
.
service which was a pre condition of the Gift Deed.
4. The suit was contested by the defendant ... regard to the fact, as to whether
there was any condition in the Gift Deed that the same was liable to
be revoked in case
hence the Gift
process is totally completed and the gift is accepted as
demanded by law. Hence, once, the Gift is accepted, the
donor ... Gifted Property.
Hence, at no stretch of imagination he can revoke the Gift
as he has no title or interest over the Gifted Property
commencement of this Act, has by way of gift or
otherwise, his property, subject to the condition that
the transferee shall provide the basic amenities ... gift or otherwise has been
made after the commencement of this Act.
(ii) The transfer of property by gift or otherwise
stipulates a condition that
registered gift settlement deed dated
10.09.2003 is a conditional gift and since the respondents/
plaintiffs failed to comply with the condition, the deceased
Somalamma revoked ... gift by the
donee would be complete even though the deed of gift is not
delivered to the donee and the gift property continues
fraud, but of non-fulfilment of
the condition of the gift.
24. The relevant recital of the gift is (Ext-A) "In pursuance ... gift cannot be revoked
unless there is a revocation clause in the gift deed. There is no scope for
revocation of a deed of gift
have agreed to the condition at the time accepting the gift and the condition
should not be illegal or immoral and should not be repugnant
