Transfer of Property Act, 1882, Section 126 -- Gift - Donor stating gift to be revocable one - Not entering into witness box to support her case - Appearance of special attorney cannot be treated as appearance in the capacity of plaintiff - Such appearance is only as a witness in his personal capacity - Adverse inference can be drawn against donor - Donor not entitled to..........
Transfer of Property Act, 1882, Section 126 -- Gift - Of immovable property by donor in lieu of services and maintenance to be provided to her by donee - Three months thereafter agreement executed that in case donee failed to maintain her then gift would be revoked - Deed of gift and agreement do not form part of same transaction and cannot be read together and given..........
Will -- Validity - Gift of property to deity (Kattalai grant) with right of management to second wife alongwith her heirs - Widow bequeathing right to son of testator - Right bequeathed to son-in-law in turn - Sons filing suit that right could not have been willed away to a stranger to family and it could have been only in favour of lineal descendants of original donor -..........
Transfer of Property Act, 1882, Section 122 -- Gift to minor - Acceptance - May be express or implied - Natural guardian can accept on behalf of the minor - As this contract between donor and donee is not for consideration, so donee can be a minor - Principle laid down under S.11 of the Contract Act that a contract with a minor is void does not apply to gifts - There can..........
Transfer of Property Act, 1882, Section 122 -- Gift - Acceptance - Need not be immediate as on the date of execution of the deed - Such acceptance should take place during the life time of the donor...........
Punjab Land Revenue Act, 1887, Section 34, 35, 36, 37 -- Mutation of inheritance - Deceased (female) got land from uncle of her husband by way of gift of life - time interest - Terms of gift deed show that after death of donee, donor's heirs will come into possession - Gift deed created only limited rights in favour of donee of life - time interest - Life - time interest..........
Transfer of Property Act, 1882, Section 123 -- Gift deed - Attestation - Evidence of one attesting witness shaky with regard to execution of gift deed - No evidence to show that at time of execution gift deed was singed by donor in presence of other witness - From material on record it is evident that document was executed in suspicious circumstances - Gift deed invalid -..........
Transfer of Property Act, 1882, Section 126 -- Gift - On condition to render service to donor - Stipulation made as to automatic revocation of gift in case of not rendering services - Donor established his case of non-rendering of services - Evidence adduced by donee not worthy of credence - Gift stands revoked...........
Mahomedan law -- Gift - Essential ingredients - Three essential ingredients are (1) There should be declaration of gift of the donor (2) Acceptance of the gift, express or implied, by or on behalf of the donee (3) Delivery of possession of the subject of the gift by the donor to the donee...........
Mahomedan law -- Gift - Delivery of subject-matter of gift is essential - Gift of immovable property of which donor in actual possession not complete unless donor physically departs from the premises and donee formally enters into possession - If donor and donee both residing in property physical departure or formal entry not necessary - But some overt act by donor..........
