looking at the bequest than to refer to it as an onerous gift : it would, they think, clearly come within the definition of a trust
gift to the plaintiff of 1878. Here he adds no words requiring the donee defendant to abide by the terms of that gift ... gift which Krishnaji made in 1902 to Bisto. I feel some difficulty also in saying that the' gift to Bisto was an onerous gift
gift to the plaintiff of 1878. Here he adds no words requiring the donee-defendant to abide by the terms of that gift ... gift which Krishnaji made in 19025 to Bisto. I feel some difficulty also in saying that the gift to Bisto was an onerous gift
inheritance in the usual course. The transaction was thus essentially an onerous gift, and therefore an alienation by her, the validity or invalidity of which
there would be no gift if the condition of constr uction is
not fulfilled. Further the condition is onerous. Such
onerous bequest s fall within
given as gift to plaintiff's ancestors, and was treated by them as their private property since they got it as gift or inam ... gift of the property in suit to the original donee, the ancestor of defendants Nos. 1 and 2,that gift being an onerous gift coupled
inheritance in the, usual course. The transaction was thus essentially an onerous gift, and therefore an alienation, by her, the validity or invalidity of which
this deed of gift that we have to consider in the present case. Is the effect of the deed of gift to transfer the source ... gift, it appears to be the former. The operative part makes it clear that from and after the execution of the deed of gift
imperfect gift which the Courts will not convert into a trust. But where the donar or the grantor, uses words of present gift ... create a trust, and that there was no intention to make a gift. That raises a question of fact to be answered with reference
Sahu Ram Chandra vs Bhup Singh on 9 March, 1917
Equivalent citations: (1917)19BOMLR498
JUDGMENT