J.Radha Krishna vs Pagadala Bharathi - S. 126 TP Act- Cancellation Of Gift Deed

Transfer of Property Act 1882- Section 126 - Donor cancelled the Gift deed by way of deed of cancellation and executed a Will in favour of another person - SC dismissed SLP against Andhra Pradesh HC judgment that had held thus: Under Section 126 of the Act, if a gift is to be revoked or suspended there should be a right reserved. In fact, the evidence, only shows that a donor has executed the gift deed in favour of defendant with the hope that she will look after him till his death. As defendant was not looking after him, the settlement deed was cancelled. Therefore, it is a clear admission of a valid execution of the gift deed and no other proof is required. So far as the right of the deceased to cancel the gift deed for failure to maintain or look after the donor is concerned, the evidence does not show that at the time of execution of gift deed, there was such an understanding between the donor and the first defendant. In the absence of such agreement, Section 126 of the Act cannot be relied upon when there is no right reserved or understanding entered into between the donor and done - A settlement deed once executed cannot be cancelled. (Para 3)