registered
gift settlement deed clearly goes to show that the said gift is a
conditional gift.
16. Section 31 of Transfer of Property Act defines ... conditions contained in the
gift deed. The material on record goes to show that the premises
gifted under the gift deed by the donor
submitted that though there is no such explicit condition in
the gift deed dated 07.09.2010 however, since the petitioner
played fraud with the respondent ... second
condition is related to the first condition and only if there is a
violation of the explicit condition, if mentioned in the gift deed
donee mutually agreed to
cancel the gift, when donee fails to accept the gift and when condition of the
gift are rescinded. Similarly ... comply those conditions result
in cancellation of gift as if gift was obtained by fraud. Here the gift is
unconditional. The order impugned has been
married couple.
8. Section 23(1) requires a specific condition in the Deed of Gift. As opposed
to the other decisions of this Court ... Division Bench, where there was no
such condition in the Deed of Gift, the present case involves a declaration and
an undertaking given
delivery of possession to
the donee is not an essential condition for the valid gift/settlement:-
(i) 2012 (1) LW 432 {(Shanta Raju and another ... registration was to make delivery of possession of the property gifted also
as a condition precedent for a valid gift, the provision could and indeed
where the
transfer of the property is subject to a
condition and the condition of providing for
maintenance and the basic needs of a senior ... condition
should form part as recital in the deed of transfer.
It only refers that there should be a condition for
such transfer. This condition
benefit of the people of that locality and there was a condition to
gift the said land by the erstwhile owner of the property ... undertaking given by the writ petitioner and the condition imposed to
execute gift deed in favour of the Corporation. However, the writ petitioner failed
that
no such condition is stipulated and it is also an admitted fact
that there is no such condition in the gift deed. The Assistant ... relevant
extract of the Gift deed, it is evident that the Gift
deed does not contain any condition that the
transferee, namely, the appellant shall
that
no such condition is stipulated and it is also an admitted fact
that there is no such condition in the gift deed. The Assistant ... relevant
extract of the Gift deed, it is evident that the Gift
deed does not contain any condition that the
transferee, namely, the appellant shall
that
no such condition is stipulated and it is also an admitted fact
that there is no such condition in the gift deed. The Assistant ... relevant
extract of the Gift deed, it is evident that the Gift
deed does not contain any condition that the
transferee, namely, the appellant shall
