gifts of movable properties
and such immovable properties as are not joint family
properties. [360 C-E]
Ws gift of immovable ancestral property ... stridhan include gifts
of immovable property, they can only refer to such immovable
property as is not ancestral immovable property, for that is
the only
defines 'gift' as under:
Gift" defined.
122. "Gift" is the transfer of certain existing movable or immovable property made voluntarily ... delivered the possession of the gifted property to the donee.
8 Coming to the gift of immovable properties, we have to examine the documentary evidence
present document does not affect immovable
property. It does not transfer the immovable property from
the donor to the donee. It only affords evidence ... ownership of the property
..... The present document does not affect
immovable property. It does not transfer an
immovable property from the donor to the donee
possession;
(iv) Acceptance of the gift by the donee or on his behalf.
In addition, gift of immovable property has to be through a
registered ... delivered the possession to the gifted property to the
donee.
The ITAT while dealing with the gift of property bearing
No.C-58 Inderpuri
deals with gifts, and Section 122 defines "gift" as " the transfer of certain existing moveable or immoveable property made voluntarily and without ... Next we come to gifts. Section 122 defines a gift as :-
The transfer of certain existing moveable or immoveable property made voluntarily and without consideration
gifts under the Transfer of Property Act shall amount to gift under the Gift Tax Act . The concept of gift under the Gift ... there would be no gift under the Gift Tax Act -by the mere delivery of immovable property. This court has held as under :
" Section
instrument for a valid gift. When a person gives delivery of possession in consequence of a gift of any immovable property, the title ... date of execution, the gift must be deemed to have been effective from that date.
10. A gift of immovable property can only be made
family made several gifts. The gifts with which we are concerned are a gifts of immovable property of the value ... question did not relate to a gift or immovable property, but to a settlement of immovable property. The facts recited in the judgment shows that
Delivery of possession of immovable property could not by itself be treated as equivalent to conveyance of the immovable property, and the title ... complied with, the gift would not be complete. Therefore, gift of immovable property is not complete till the properties transferred by registered deed. Since
parts. The earlier part deals with immovable property and
the later, with movable property. Insofar as an immovable property is concerned,
registration is mandatory, which ... with gifts of immovable property while the second
part deals with gifts of movable property. Insofar as the gifts of immovable property
are concerned, Section
