Transfer of Property Act, 1882, Section 122 -- Gift - Essentials of a valid Gift are : (a) There must be transfer of ownership - As in the case of a sale, there must be a transfer of all the rights in the property by the donor to the donee. However, it is permissible to make conditional gifts. The only restriction is that the condition must not be repugnant to any of the..........
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- Gift may be revoked for coercion, fraud, misrepresentation, undue influence in the same way as a contract may be rescinded...........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 123 -- Gift - Delivery of possession of gifted property is not an essential requirement for making a valid gift of immovable property...........
Transfer of Property Act, 1882, Section 122, 11 -- Conditional gift - Condition contained in the gift deed that defendant No.2 shall give the suit property to her son after his marriage clearly restricts the interest/enjoyment of suit property and is undoubtedly void and inoperative in view of prescription contained in S.11 of the Act...........
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was a condition that on failure to perform any of conditions the gift would be void then certainly gift could have been revoked - But the gift cannot be revoked where document does not make..........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..........
Dowry Prohibition Act, 1961, Section 3, 4 -- Dowry death - Appeal against conviction - Material on record clearly proved that husband and father-in-law of deceased demanded 10,000/- cash before marriage, gold chain and ring - It is also proved that clothes for each family member has been given by deceased`s family - Failure of accused to establish any pre-existing culture..........
Transfer of Property Act, 1882, Section 123, 52 -- Gift deed - Execution during pendency of partition suit - Gift deed executed during pendency of proceedings and before expiry of period of limitation for filing SLP, is not valid as it is hit by S.52 of T.P.Act - Moreover, suit property is joint family property and even otherwise same cannot be acted upon by parties as..........
Transfer of Property Act, 1882, Section 123, 52 -- Gift deed - Execution during pendency of partition suit - Execution of gift deed of joint family property without giving physical possession to donee, is not valid as same is not acted upon by parties...........
Transfer of Property Act, 1882, Section 123 -- Gift - deed executed by wife of a Hindu male dying intestate belonging to Mitakshara, in respect of separate property of her husband exclusively to her daughters is void as such property devolves by succession in favour of Class-I heirs of Hindu male u/s 8 of Hindu Succession Act...........
