Dod: 26/10/2018

*PLR - SUPREME COURT E@JOURNAL*

 

Gift – Conditional Gift - A conditional gift with no recital of acceptance and no evidence in proof of acceptance, where possession remains with the donor as long as he is alive, does not become complete during lifetime of the donor - When a gift is incomplete and title remains with the donor the deed of gift might be cancelled – A gift is transfer of property without con-sideration - Moreover, a conditional gift only becomes complete on compliance of the condi-tions in the deed - Transfer of Property Act 1882, Section 122.          (2018)2 SCeJ 1555

 

 

Gift  - Gift means to transfer certain existing moveable or immoveable property voluntarily and without consideration by one person called the donor to another called the donee and accepted by or on behalf of the donee - Transfer of Property Act 1882, Section 122. Naramada-ben Maganlal Thakker Vs. Pranivandas Maganlal Thakker and Others, (1997) 2 SCC 255. (2018)2 SCeJ 1555

 

 

  • Gift - The execution of registered gift deed and its attestation by two witnesses is not in dispute - It has also been concurrently held by all the three courts below that the donee had accepted the gift - The recitals in the gift deed also prove transfer of absolute title in the gifted property from the donor to the donee - What is retained is only the right to use the property during the lifetime of the donor which does not in any way affect the transfer of ownership in favour of the donee by the donor. (S.C.)(175) PLR 

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