Conditional gift- cancellation- valid

Citation
CDJ 2018 SC 1097

sarojini Amma vs navaneethan pillow sreekumar

Transfer of Property Act 1882 - Section 122 - Consideration - Purported gift deed - Formal document – Appellant challenged order of High Court in suit for Permanent Injunction – Question to be decided is whether document styled as gift deed, executed for consideration, is formal document or instrument of gift – Hence this Appeal.

Court Held – Deed of transfer was executed for consideration - In any case conditional subject to condition that donee would look after petitioner and her husband and subject to condition that gift would take effect after death of donor - We are thus constrained to hold that there was no completed gift of property in question by appellant to respondent - Appellant was within her right in cancelling deed - Judgment and order of High Court cannot, be sustained and set aside – Appeal allowed.

Paras : 1, 2, 19, 20

Cases Referred:
Naramadaben Maganlal Thakker V Pranivandas Maganlal Thakker & ors. (1997) 2 SCC 255
Reninkuntla Rajamma Vs. K. Sarwanamma (2014) 9 SCC 445)

Key words
#gift
#conditionalgift
#unilateralcancellation
#settlement

Comparative Citations:
2018 (6) CTC 108, 2018 (6) ALT 38, 2018 (4) ILR(Ker) 1025, 2019 (2) LW 360, 2018 (192) ALLINDCAS 6, 2018 AIR(SC) 5232, 2019 All SCR 263, 2018 (6) AWC 5921, 2019 (132) ALLLR 218, 2019 (1) ALD 75, 2018 (3) ARC 817, 2019 (1) BCR 926, 2019 (1) CivCC 280, 2019 (127) CutLT 240, 2018 DNJ 1242, 2019 (1) ICivC 510, 2018 (10) JT 488, 2019 (1) Pat LJR 1, 2018 (4) RCR(Civil) 923, 2019 (1) RentLR 23, 2018 (14) Scale 339,