whether the
gift in question had become complete under Section 123 of
the TP Act? It is seen from the recitals of the gift deed
that Motilal Gopalji gifted the property to the respondent.
In other words, It was a conditional gift. There is no
recital of acceptance nor is there any evidence in proof of
acceptance. Similarly, he had specifically stated that the
property would remain in his possession till he was alive.
Thereafter, the gifted property would become his property
and he was entitled to collect mesne profits in respect of
the existing rooms throughout his life. The gift deed
conferred only limited right upon the respondent-donee. The
gift was to become operative after the death of the donor
and he was to be entitled to have the right to transfer the
property absolutely by way of gift or he would be entitled
to collect the mesne profits. It would thus be seen that the
donor had executed a conditional gift deed and retained the
possession and enjoyment of the property during his life
time. The recitals in the cancellation deed is consistent
with the recitals in the gift deed. He had expressly stated
that the respondent had cheated him and he had not fulfilled
the conditions subject to which there was an oral
understanding between them. Consequently, he mentioned that
the conditional gift given to him was cancelled. He also
mentioned that the possession and enjoyment remained with
him during his life time. He stated, "I have to execute
immediately this deed of cancelling the conditional gift
deed between us. Therefore I hereby cancel the conditional
gift deed 15-5-65 of Rs.9000/- in words rupees nine thousand
presented at the Serial no. 2153 on 15-5-65 in the office of
the Sub-Registrar Baroda for registration. Therefore, the
said conditional gift deed dated 15-5-65 is hereby cancelled
and meaningless. The property under the conditional gift has
not been and is not to be transferred in your name.: Thus he
expressly made it clear that he did not hand over the
possession to the respondent nor did the gift become
complete during the life time of the donor. Thus the gift
had become ineffective and inoperative. It was duly
cancelled. The question then is: whether the appellant would
get the right to the property? It is not in dispute that
after the cancellation deed dated June 9, 1965 came to be
executed, duly putting an end to the conditional gift deed
dated May 15, 1965, he executed his last will on May 17,
1965, and died two days thereafter.advocatemmmohan
