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The Supreme Court held that conditional gift only becomes complete on compliance of the condition in the deed and the donor has rights to cancel such a gift deed.The bench comprising Justice Arun Mishra and justice Indira Banerjee was considering an appeal against Kerela High Court judgment.
The high court while giving the judgment basically relied on Renikuntla Rajamma vs Sarwanamma where it has held that donor had reserved the right to enjoy the property during her lifetime and it did not affect the validity of the deed. Observing to provisions of the Transfer of Property Act, the bench stated that a gift is incomplete and title remains with the donor, the deed of gift might be cancelled
Hence the court set aside the high court judgment stating that there was no complete gift of the property in question by the appellant to the respondent and the appellant was within her right in cancelling the deed.
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