TMI Blog2018 (12) TMI 349X X X X Extracts X X X X X X X X Extracts X X X X ..... 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. It was held in the case of RENIKUNTLA RAJAMMA (D) BY LRS. VERSUS K. SARWANAMMA [2014 (7) TMI 1284 - SUPREME COURT] 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 ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... . 4. The appellant is a childless widow aged 74 years whose husband expired on 06.06.2015. The respondent is the nephew of the appellant (brother s son). In the expectation that the respondent will look after the appellant and her husband and also for some consideration, the appellant executed a purported gift deed in favour of the respondent. The gift deed clearly stated that the gift would take effect after the death of the appellant and her husband. 5. According to the appellant on or about 02.06.1999, the appellant executed the deed of cancellation No. 1844/1999 cancelling the gift deed. After about eight months, on or about 01.02.2000, the respondent filed Original Suit No. 32/2000 in the Court of the learned Munsif Sasthamcotta ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... Court allowed the R.S.A. No. 757/2011 and set aside the judgment and decree in A.S. No. 30/2007. 11. On behalf of the appellant, it was contended that the document styled as gift deed was to come into effect only after the death of the appellant and her husband. The question was whether a document in terms whereof the executant of the document retained possession and reserved her right over the property being the subject matter of the document could be a deed of gift or whether such a document was a document in the nature of a will. 12. Section 122 of the Transfer of Property Act 1882 defines gift as hereunder:- 122. Gift defined . Gift is the transfer of certain existing moveable or immoveable property made voluntarily an ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... lure of consideration) in which, if it were a contract, it might be rescinded. Save as aforesaid, a gift cannot be revoked. Nothing contained in this section shall be deemed to affect the rights of transferees for consideration without notice. Illustrations (a) A gives a field to B, reserving to himself, with B's assent, the right to take back the field in case B and his descendants die before A. B dies without descendants in A's lifetime. A may take back the field. (b) A gives a lakh of rupees to B, reserving to himself, with B's assent, the right to take back at pleasure ₹ 10,000 out of the lakh. The gift holds goods as to ₹ 90,000, but is void as to ₹ 10,000, which continue to belon ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... made by registered instrument duly executed by or on behalf of the donor and attested by at least two witnesses is valid, if the same is accepted by or on behalf of the donee. Such acceptance must, however, be made during the lifetime of the donor and while he is still capable of making an acceptance. 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 ..... X X X X Extracts X X X X X X X X Extracts X X X X
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