13 December 2021


Judgments

High Court of Delhi

Sehdev Singh Verma v. J.P.S. Verma and Ors.

MANU/DE/2514/2015

02.09.2015

Property

There must be a defeasance or default clause in order to make the gift revocable

A gift made by deed cannot be revoked unless there is a condition that on the failure to perform the condition the gift could be revoked. The Court dismissed an appeal against a gift made to the Defendant by her late father-in-law made out of love and affection. It rejected submissions by the Appellant that the gift was conditional upon the Defendant residing in the front room of the property, and the same could not be revoked simply because the Appellant had disallowed the Defendant from occupying the same.

Relevant

Tokha vs. Smt. Biru & Ors. MANU/HP/0056/2002
Tila Bewa vs. Mana Bewa MANU/OR/0050/1962
Renikuntla Rajamma vs. K. Sarwanamma MANU/SC/0612/2014

Tags : Gift deed revoke conditional

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