Transfer of Property Act, 1882, Section 122, 126 -- Gift - Revocation - Gift may be revoked for coercion, fraud, misrepresentation, undue influence in the same way as a contract may be rescinded...........
Transfer of Property Act, 1882, Section 122, 126 -- Gift - Revocation - Breach of condition - There must be a defeasance or default clause in order to make the gift revocable - If there was a condition that on failure to perform any of conditions the gift would be void then certainly gift could have been revoked - But the gift cannot be revoked where document does not make..........
Transfer of Property Act, 1882, Section 122, 126 -- Gift - Revocation - Breach of condition - Plaint is conspicuously silent regarding nature of alleged fraud/undue influence played by defendants - No averments in the plaint that defendants were in the position to obtain unfair advantage over deceased plaintiff - Plaint lacks in material particulars - No specific condition..........
Transfer of Property Act, 1882, Section 126 -- Gift - Revocation - Gift subject to oral condition that donee is to maintain donor - Gift cannot be revoked for failure of donee to maintain donor for the reason that it does not contain any agreement that gift could be revoked and also for reason that revocation dependent upon the will of donor is not permitted - Moreover,..........
Transfer of Property Act, 1882, Section 126 -- Gift - Revocation - Plea of no, mutation & payment of electricity & water charges - Non mutation of the name of transferee in records of Municipality for purposes of House tax cannot divest transferee of title which otherwise stands transferred as it is settled that mutation entries do not confer or divest a title - Same with..........
Transfer of Property Act, 1882, Section 126 -- Gift deed - Cancellation - Unless donor reserves a right in himself for cancellation of gift executed by him or unless there is an understanding between donor and donee at the time of execution of gift deed for its cancellation on the happening of a certain event, the gift deed executed cannot be cancelled...........
Transfer of Property Act, 1882, Section 122,123,124,125,126,127,128,129 -- Gift - Applicability to Mohammedan Law - Rules of Mohammedan Law regarding gifts are based on reasonable classification - S.129 of the Act exempting Mohammedans from certain provisions of T.P., Act is not hit by Art.14 of the Constitution...........
Transfer of Property Act, 1882, Section 122,123,124,125,126,127,128,129 -- Gift deed - Gift deed executed by Mohammedan is not instrument effecting, creating or making of gift - Such writing is not a document of title but mere piece of evidence - S.129 of T.P.Act preserves rule of Mohammedan Law and excludes applicability of S.123 of T.P. Act to a gift of an immovable..........
Registration Act, 1908, Section 17, 49, Transfer of Property Act, 1882, Section 126 -- Gift Deed - In partition appellant was deprived of the entire land, leaving no share with him - Such an arrangement can never be termed as partition - This arrangement more appropriately could take the shape of gift - Gift of immovable property is compulsory registerable - Not a valid..........
Transfer of Property Act, 1882, Section 126 -- Gift - Revocation - If after acceptance of gift, donor wants to revoke the same then donor has to institute a suit for the same...........
