Gift β Revocation of 2014 STPL(Web) 2037 HP (HP) - No revocation allowed PARVEEN KUMAR Vs. SAROJNI DEVI AND ANOTHER Transfer of Property Act, 1882 β Section 126 β Gift β Revocation of β Gift cannot be revoked for neglecting to maintain donor under Section 126 β ======================== Gift deed was not conditional one β Gift deed was absolute β Setting aside of decree is affirmed β There is no agreement between parties that gift deed would be suspended on happening or not happening of a specified event β Gift deed was outcome of love and affection towards defendant/younger daughter of deceased plaintiff β It should not depend on will of donor β Since gift deed was not conditional, there was no question of same being revocable β Possession of disputed land was also handed over to defendant β After execution or registration in favor of donee, handing over a gift deed to donee amounts to valid acceptance of gift and donor had no power to revoke gift even if registration of instrument had not taken place β Execution of a registered gift deed, acceptance and delivery of property together make gift complete β Gift deed was not based upon fraud, undue influence or misrepresentation β No question of law much less to say substantial question of law involved in regular second appeal β Regular Second Appeal dismissed
Posted on: Wed, 10 Dec 2014 13:43:59 +0000
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