Maintenance and welfare of Parent and Senior Citizens Act, 2007, Section 23 -- Cancellation of gift deed - Property of senior citizen - Mother executed gift deed in favour of son - Son executed promissory note wherein he stated that he will take care of mother and her husband till the end of their life - Gift Deed also records a similar condition, i.e. the donee will..........
Transfer of Property Act, 1882, Section 123, Stamp Act, 1899, Section 2(24) -- Gift or settlement deed - Transfer of property in favour of `G' was in recognition of the fact that she had been taking care of transferors and would continue to do so while also using the same to carry out charitable work - Consideration need not always be in a monetary terms and it can be in..........
Transfer of Property Act, 1882, Section 126 -- Gift deed - Revocation - Non-utilization of suit property and keeping the same as vacant may be a disobedience of the object of gift but that by itself would not attract the power to revoke the gift deed, particularly when there is no stipulation in the gift deed that if the suit property is not so utilized, gift would stand..........
Transfer of Property Act, 1882, Section 126 -- Gift deed - Revocation - Gift can be revoked in the following three contingencies i.e: (i) the donor and donee may agree for the suspension or revocation of gift deed on the happening of any specified event which does not depend on the will of donor; (ii) a gift which is revocable wholly or in part with the agreement of..........
Transfer of Property Act, 1882, Section 126 -- Gift - Revocation - Once it is held that gift deed was validly executed resulting in the absolute transfer of title in favour of plaintiff, same is not liable to be revoked, and as such the revocation deed is meaningless especially for the purposes of calculating the period of limitation for instituting the suit...........
Transfer of Property Act, 1882, Section 54 -- Sale deed - Unilateral cancellation of sale deed by defendant no.1 - Entire right, title and interest of defendant no.1 in suit property has been transferred to plaintiff vide sale deed - Plaintiff has taken over suit properties with liabilities as set out in sale deed - Unilateral cancellation of sale deed not binding on..........
Transfer of Property Act, 1882, Section 54 -- Sale with a condition to repurchase - Transfer or assignment of such right - No term in conditional sale deed which debars its assignment to any other person - Clause in the document mentions only right of repurchase - Vendor assigned his right to repurchase in favour of his daughter-in-law by gift deed - Such right can always..........
Limitation Act, 1963, Article 109 -- Limitation - Suit for declaration that gift/settlement deed is null and void - Gift/settlement deed was executed by father of plaintiff in favour of defendant No.2 and defendant No.2 has taken possession of property on 22.3.1980 when gift/settlement deed was registered - Period of 12 years as prescribed u/art 109 of the Act is..........
Hindu Law -- Joint Family Property - A deed of gift of ancestral property executed `out of love and affection' does not come within the scope of the term `pious purpose'...........
Evidence Act, 1872, Section 102 -- Burden of proof - Gift deed - When a person obtains any benefit from another, Court would call upon person who wishes to maintain the right to gift to discharge burden of proving that he exerted no influence for purpose of obtaining the document...........
