aforesaid evidence, the gift of the defendant stood proved while the gift of the plaintiff was void being in respect of an undivided property, where ... gift is between the spouse inter se, gift made by the parents to the children amongst others. In so far as a gift
with a gift under
Muslim law, the first duty of the Court is to
construe the gift. If it is a gift of the corpus ... subject of the gift and that a gift with a
reservation of possession by the donor during his
lifetime was void as held in Mohamed
gift and gift with conditions attached to it and the effect of conditions on which gift has been made on the validity of the gift ... gift must be held to be complete. It being not a contingent gift or a gift of a life interest or gift of property
gift deed dated
28.10.2016 and hence, the alleged gift was not complete.
35. Besides, according to him, even the acceptance of the gift ... gift deeds
in question, the suit filed by her for declaration of two gift deeds
in question as null and void, being a suit under
still capable of giving. If the donee dies before acceptance, the gift is void."
3. Section 123 provides that " for the purpose ... still capable of giving. If the donor dies before acceptance, the gift is void.
22. Stopping there for a moment, as I have already pointed
cancellation or revocation of gift. The Gift Tax Act , is silent on the revocation of gift and if, gift is made, whether ... Save as aforesaid, a gift cannot be revoked." A gift is a transfer of property and when an absolute gift is made, subject
subsequent to the execution of
the gift deeds, it became absolute with the acceptance of the gifts. The gift deeds
could have been cancelled, only ... right to revoke the gift at his Will without
the assent by donee, the gift itself is void. Since we are dealing with
unilateral cancellation
still capable of giving.
If the donee dies before acceptance, the gift is void.
Section 122 clearly indicates that the gift deed can be accepted ... donor who is still capable of giving. The gift deed becomes void only if the donee dies before the acceptance of the ift.
11. Section
donor and if the donee dies before acceptance the gift is void. Under Section 123, if the gift relates to immovable property, it must ... Section 122 of the Transfer of Property Act that the gift is void if the donee dies before acceptance. We may take it therefore that
irregular, but not batil, that is to say not void. Such a gift can be preferred by subsequent partition and delivery to the donee ... which we think this Court ought to follow. Whether such a gift is void, or only invalid, as to which there would appear
