Whether conditional gifts of immovable property can be cancelled by donor?

Gift means to transfer certain existing moveable or
immoveable property voluntarily and without consideration by
one person called the donor to another called the donee and
accepted by or on behalf of the donee as held by the Supreme
Court in Naramadaben Maganlal Thakker Vs. Pranivandas

Maganlal Thakker and Others1. As further held by this Court
in Naramadaben Maganlal Thakker (supra) “It would be clear
that the execution of a registered gift deed, acceptance of the gift
and delivery of the property together make the gift complete.
Thereafter, the donor is divested of his title and the donee
becomes absolute owner of the property.”
15. A conditional gift with no recital of acceptance and no
evidence in proof of acceptance, where possession remains with
the donor as long as he is alive, does not become complete
during lifetime of the donor. When a gift is incomplete and title
remains with the donor the deed of gift might be cancelled.

18. We are in agreement with the decision of this Court in
Reninkuntla Rajamma (supra) that there is no provision in law
that ownership in property cannot be gifted without transfer of
possession of such property. However, the conditions precedent
of a gift as defined in Section 122 of the Transfer of Property Act
must be satisfied. A gift is transfer of property without
consideration. Moreover, a conditional gift only becomes
complete on compliance of the conditions in the deed.
19. In the instant case, admittedly, the deed of transfer was
executed for consideration and was in any case conditional
subject to the condition that the donee would look after the
petitioner and her husband and subject to the condition that the
gift would take effect after the death of the donor. We are thus
constrained to hold that there was no completed gift of the
property in question by the appellant to the respondent and the
appellant was within her right in cancelling the deed. The
judgment and order of the High Court cannot, therefore, be

sustained.
REPORTABLE
THE SUPREME COURT OF INDIA
CIVIL APPELLATE JURISDICTION
CIVIL APPEAL NO. 10785 OF 2018

S. SAROJINI AMMA Vs  VELAYUDHAN PILLAI SREEKUMAR 

Dated:OCTOBER 26, 2018
Indira Banerjee, J.
Citation: (2019) 11 SCC 391.

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NOTES ON GIFT ( S 122-129 of Transfer of property Act)

(S 122-129 OF TRANSFER OF PROPERTY ACT)

Gift defined ( S 122)

A gift is the transfer:

- of certain existing movable or immovable property,

-made 1) voluntarily,and

2)without consideration,

- by one person called the donor to another called the donee,and

- accepted by or on behalf of donee.

Such acceptance must be made during the life-time of donor,and while he is still capable of giving. If the donee dies before acceptance,the gift is void.

Gift how effected( S 123)

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Whether gift of immovable property in muslim law will be valid even though no actual possession of property was given to donee?

 The courts below have held the gift to be invalid on the
ground that it was gift of undivided property which is capable
of division and was not covered by any of the exceptions to the
rule that gift of such property is irregular. It is submitted by
learned counsel for the appellant that the property is freehold
property in the city of Jaipur, which is a large commercial town.
This has been wrongly ignored by the courts below on the
ground that there was no pleading or proof to that effect.
Description of property mentioned in plaint and in the gift
deed itself shows that it is commercial property in the city of
Jaipur which is the capital of the State of Rajasthan and is,

thus, a large commercial town. Requirement of possession is
also met when right to collect rent has been assigned to the
plaintiff under the gift deed itself, genuineness of which stands
proved.
 We find force in the submission. The gift had no infirmity
under the Muslim Law either on the ground that the possession
was not delivered or on the ground that the gift was hit by
Hiba-bil-Musha. The gift was by father to his minor son.,
Property is under tenancy. The gift is by a registered deed.
Right to collect rent stands transferred to donee. The property
is located in the city of Jaipur which is mentioned in Para 2 of
the plaint as well as in the gift deed. The courts below are not
justified in not giving effect to the gift which has been held to
be genuine.
REPORTABLE
IN THE SUPREME COURT OF INDIA
CIVIL APPELLATE JURISDICTION
CIVIL APPEAL NO.2845 OF 2006
KHURSIDA BEGUM (D) BY LRS. & ORS. 
VERSUS
MOHAMMAD FAROOQ (D) BY LRS. & ANR. 
Dated;FEBRUARY 1, 2016.

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Whether gift of self acquired immovable property as mentioned in decree requires registration?

 The terms of the family settlement are not on record. As mentioned above, the family settlement could relate to the ancestral as well as self- acquired property of Bhagwana or only the ancestral property. It appears that it related only to the ancestral property and not the self-acquired property (hence the reference to a hibba). The decree relating to 32 kanals of land did not require compulsory registration, as mentioned above. However, the self acquired property of Bhagwana that is 20 kanals, therefore, in view of the law laid down in Bhoop Singh the gift of 20 kanals of land by Bhagwana in favour of Ram Singh, notwithstanding the decree in the first suit, requires compulsory registration since it created, for the first time, right, title or interest in immovable property of a value greater than Rs.100/- in favour of Ram Singh.

Supreme Court of India

Phool Patti And Anr vs Ram Singh(Dead)Through Lrs. & Anr on 6 January, 2015

Bench: Madan B. Lokur, C. Nagappan

CIVIL APPEAL NO. 1240 OF 2005    

Citation;2015(4)MhLJ626(SC),2015MPLJ344(SC),

2015(1)PLJR364,(2015)3SCC164,                 

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