view of Section 10 of Transfer of Property Act, the condition in the
gift deed, dated 11.08.1978, that Smti. Gunada Bala Das, predecessor-in-interest ... condition that the donee would look after the
petitioner and her husband and subject to the condition that the gift would take
effect after
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 ... would get jurisdiction to annul the
gift deed only if the recitals in the gift deed have the
condition, as observed by the Apex Court
condition is
possession by reason of any forfeiture or broken.
breach of condition.
In the case on hand, the father of the plaintiffs gifted ... gift deed is broken and the gift deed is a conditional
gift deed. The object for which purpose the property was gifted by the father
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
contains a clause to revoke such a gift deed. Such a gift deed is liable to
be declared as void only under Section ... this Act, has transferred by way of
gift or otherwise, his property, subject to the
condition that the transferee shall provide the basic
amenities
been cancelled by the
Appellate Tribunal inasmuch as the condition/s for revocation of the gift
deed is not mentioned therein and as such, there ... transferee fails
to fulfil such a condition.
29. In the present case, the gift deed dated 05.05.2015 does not contain
any explicit recital stipulating / incorporating
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
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 ... senior citizen per se would result in invoking
the implied condition for which such gift or
settlement deed has been executed by the
senior citizen
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 ... senior citizen per se
would result in invoking the implied condition for
which such gift or settlement deed has been
executed by the senior citizen
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 ... senior citizen per se
would result in invoking the implied condition for
which such gift or settlement deed has been
executed by the senior citizen
