When Is a Gift Not Completed? Key Legal Insights

The gift is completed by the deed, an if the parent retains possession his possession is equivalent to possession by the minor son." ... I., says: " The gift is completed by the contract, and it makes no difference whether the subject of the gift is in the, hands of the father or in that of a depositary (on behalf of a father). ... The same author at page 173 says: "A gift by a pers....

The gift is completed by the contract, and it makes no difference whether the subject of the gift is in the hands of the father or in that of a depositary (on behalf of the father). ... ed., 173:-" In the case of a gift by a parent to a minor child, no acceptance is necessary; ' the gift is completed by the contract and it makes no difference whether the subject of the gift....

the donor had entrusted the gift to her to be given over to certain persons, and it is said, that according to Perezius, the result is that the obligation is completed on the part of the donor, and is not revoked by  his death (8.54.23). ... This is clearly laid down in the Digest (30. 5. 2. 6.) where it is said that if a person, with the intention of making a donation to me, gives money to another to bring to me that does n....

The plaintiff alleged that the donation was not completed by delivery and acceptance, and that the land donated was in his possession till the ouster complained of. The District Judge held that the deed of gift was duly accepted and dismissed the action. The plaintiff appealed. ... -The donation was not completed by delivery of the deed; and the deed was not accepted. There should hav....

operate to transfer the ownership of the gift unless and until the gift is completed by transfer to the donee of such seizin or possession as the subject of the gift permits. ... Wanting this possession, the gift would not have been valid. Now the evidence in the case before us does not show that there ever was possession under the gift by the don....

2024 0 Supreme(Ker) 1516

Writing in respect of a gift may take place in two different ways. The gift may be made orally and completed in all respects, but later, it may be stated in writing that the said gift has been made. Alternatively, writing may be contemporaneous with the making of the gift. ... Act') which mandates that a gift can be made only through a registered document, is not applic....

Plaintiff then brought the present action claiming the lands on the ground that the gift had not been completed by delivery. ... The deed of gift D 1 was not registered, but it was accepted on behalf of Zohara by her father who duly signed as accepted. ... Hence I do not concur with the conclusion that there could be no valid gift without such a vacation. On the poin....

The gift was accepted by Pathumma Natchia on the face of the deed, and after the deed had been completed, the defendant himself took the plaintiff to the notary and had the deed delivered to him. ... Moreover, the gift included a share of the house,    and  I do not see why Pathumma Natchia, who with her husband occupied two rooms in the house, should not be regarded as having had   actual  possession....

2025 0 Supreme(All) 3118

It is also not disputed that in the year 1974 the construction of the Nandan cinema hall was completed on the gifted land, which remained functional till the year 2021, till then no dispute arose between the donor and the donee. ... (2) Whether the defendant has complied with the conditions of the gift? (3) Whether the gift is revocable in the year 2021, after the donee having completed the construction ....

2025 Supreme(Online)(Kar) 34816

The gift must be accepted and completed by such delivery of possession as the nature of the property admits1." 15. ... A written document recording the gift does not become a formal instrument of gift. ... The lack of evidence (e.g., failure to collect rent, donor's continued control, lack of mutation) will lead to proving that a gift was never completed, regardless of ....

2020 0 Supreme(AP) 236

“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.” Accordingly, he has prayed for quashing of the impugned order. Taking a clue from the aforesaid judgment of the Hon’ble Supreme Court, learned counsel for the petitioner subm....

Current Civil Cases

19. A Division Bench of this Court in Smt. Shakuntla Devi v. Smt. Amar Devi AIR 1985 HP 109, has held that if the gift not based on fraud, undue influence or misrepresentation its cancellation is not valid under Section 126 of the Transfer of Property Act. Further it is said that a completed gift takes effect from the date of the execution and not from the date of registration. 20. In Vannathi Valappil Janaki v. Puthiya Purayil Paru a learned single Judge of Kerala High Court....

2015 0 Supreme(Del) 2582

In Vannathi Valappil Janaki v. Puthiya Purayil Paru a learned single Judge of Kerala High Court has held that when a gift of immovable property has been accepted by the donees and they are in possession of the property the fact that after making the gift the donors felt that it was a folly or imprudence or want of foresight on their part to have executed the deed of gift will not clothe them with power of revocation of the gift under Sections 126 and 122 of the Transfer of Property Act. 21. In....

2011 0 Supreme(P&H) 2105

The possession of the land in dispute could be taken to be made over to Darbara Singh only from the date on which the mutation (Exhibit D6) was sanctioned i.e. 6th March, 1956. There is no evidence fixing a date on which the possession of the land had been made over to Darbara Singh. In case of oral gift the gift is complete when the possession is delivered.

2011 0 Supreme(Mad) 3021

(2) Subject to the provisions of sub-Sec.(4), a gift may be revoked even after delivery of possession except in the following cases- The reason is that before delivery there is no completed gift at all. Revocation of gifts – (1) A gift may be revoked by the donor at any time before delivery of possession. (a) When the gift is made by a husband to his wife or by wife to her husband;