Doctrine of Part Performance | 15 Feb 2024

Introduction

The Doctrine of Part Performance is a significant aspect of property law under the Transfer of
Property Act, 1882 (TPA) which allows for the recognition of partially performed
agreements even if they do not meet the formal requirements stipulated by the Act.

What is the Concept of Doctrine of Part Performance?

The Doctrine of Part Performance is embodied in Section 53A of TPA.

This section protects transferees who have taken possession of the property or made
improvements based on an oral agreement or an agreement not registered as required by
law.

What are Elements of Doctrine of Part Performance?

Existence of an Agreement:
There must be a valid agreement between the parties for the transfer of property,
even if it is not in writing or registered.
Payment of Consideration:
The transferee must have paid or agreed to pay the consideration, either fully or in
part, as per the terms of the agreement.
Taking Possession or Making Improvements:
The transferee must have taken possession of the property or performed substantial
acts of improvement on it based on the agreement.

What is a Landmark Case on Doctrine of Part Performance?

Saradamani Kandappan v. S. Rajalakshmi (2011):

In the landmark case, the Supreme Court reaffirmed the principles of the Doctrine
of Part Performance as enshrined in Section 53A of the TPA, 1882.
The case involved an oral agreement for the sale of immovable property between
the parties.
The SC held that the transferee was entitled to the protection afforded by Section
53A of the TPA, 1882 despite the informality of the agreement and its non-
registration.
The Court emphasized the importance of equity and fairness in property
transactions and upheld the transferee's rights based on the principles of part
performance.

What are Application and Implications of Doctrine of Part Performance?

The Doctrine of Part Performance has significant implications for property transactions
in India.
It provides protection to transferees who have acted in good faith and relied on
agreements, even if they do not meet the formal requirements of the law.
This doctrine ensures that parties are not unfairly deprived of their rights due to
technicalities or formalities in agreements.
 Moreover, the Doctrine of Part Performance promotes certainty and stability in
property transactions by recognizing the practical realities of transactions where parties
have already taken steps towards performance based on their agreements.

Conclusion

The Doctrine of Part Performance, as enshrined in Section 53A of TPA plays an important role
in property law in India. It provides protection to transferees who have partially performed
agreements for the transfer of property, even if the agreements do not comply with formal
legal requirements.
Rights and Liabilities of Buyer and Seller | 24 Nov 2023
Introduction

In a sale, there is transfer of ownership in a property in exchange of price. The price can be a
price paid, or promised, part-paid or part-promised. The transferor is called the seller, and
the transferee is called the buyer.

Right and Liabilities of Buyer and Seller (Section 55)

Section 55 of the Transfer of Property Act, 1882 (TPA). confers certain rights and
liabilities on the Seller and the Buyer.
The rights and liabilities of seller and buyer, are divided into two categories
The rights and liabilities before the Sale.
The rights and liabilities after the Sale.

Seller ‘s Liabilities

Seller’s Liabilities Before Completion of Sale

Before the Sale is completed, the seller’s liabilities are as under: -

To disclose material defects in the property or title, if any, [Section 55(1) (a)]
Before completion of sale, the seller is bound to disclose to the buyer and
latent material defect in the property or any defect in his own title
(ownership rights).
To produce the title-deeds for inspection [Section 55(1)(b)]
If the buyer requests the seller for the title-deeds for the inspection, the seller
has a duty to produce not only those documents which are in his possession
but also to make arrangements for the inspection of those documents which
are within his power.
To answer relevant questions as to title [Section 55(1) (c)]
The Seller’s duty is to answer all questions put by the buyer which are
relevant for passing of the title.
Duty to execute Conveyance [Section 55(1) (d)]
The seller’s duty is to execute the conveyance. That is to say, he must effect
the transfer of ownership. This is done by signing or affixing thumb –
impression on the sale-deed by the seller.
Care of title deed and Property [Section 55(1) (e)]
After execution of the conveyance, the next duty of the seller is to take care of
the property and the documents of title. They are to be handed over to the
buyer after the sale.
Payment of the out goings [Section 55(1) (g)]
Before completion of the sale, the seller continues to be the owner of the
property. Therefore, the government dues etc. are to be paid by him. The
seller's last duty before completion of the sale is to pay all the outgoings.

Seller’s Liabilities After Completion of Sale

To give possession to the buyer [Section 55(1) (f)]

 On being required by the buyer, the seller has a duty to give possession of the
property to buyer or to such person as he (buyer) directs. There is an implied
contract to give the possession of the property to buyer.
To covenant for title [Section 55(2)]
In every sale, the seller impliedly undertakes a guarantee that the interest which he
is transferring subsists and he has authority to transfer the same. Technically, this is
known as implied covenant for title.
To deliver title-deeds on receipt of the price [ Section 55(3)]
The seller has to deliver the title-deeds of the property to the purchaser after
completion of the sale.
After sale, the title-deeds are to be passed on to the buyer as a natural consequences
of the transfer of ownership.
The seller is liable to hand over not only those documents which are in his
possession but also those which are important and within his power.

Seller’s Rights

Seller’s Right Before Completion of Sale [Section 55(4) (a)]

Before completion of Sale, the seller is entitled to all the rents, profits, or other
beneficial interests of the property.
Until ownership is transferred, the seller continues to be owner and as such he has every
right to enjoy the profits of the property.
The contract of sale does not create any proprietary interest in favour of the buyer.

Seller’s Right After Completion of Sale [Section 55(4)(b)]

After the completion of sale, if the price or any part of it remains unpaid, the seller
acquires a lien or charges on the property.
The completion of sale of an immovable property does not depend on the payment of
price, the price or part of it may also be paid after the sale. Therefore, under Section 55(4)
(b) the seller is given a right to recover the unpaid purchase-money from out of the
property. This is called as a statutory charge of the seller for unpaid price.

Buyer's Liabilities

Buyer's Liabilities Before Completion of Sale

Before completion of sale, the duties (liabilities) of the buyer are as under:
To disclose facts which materially increases the value of property [Section 55(5)
(a)]
The buyer is liable to disclose to the seller the facts (Kind of Property, its
location etc.) which materially increases the value of property. This liability
is limited to disclosure of only those facts which relate to title or interest of the
buyer.
Payment of price [Section 55(5) (b)]
The completion of sale in favour of buyer, the seller has the duty of execution
of deed and buyer has corresponding duty of payment of price. But, the buyer
is not bound to pay the full amount before transfer of ownership.

Buyer’s Liabilities After Completion of Sale

 After completion of sale, the buyer has following two liabilities:
To bear the loss to property, if any, [Section 55(5) (c)]
If there is any loss to property subsequent to sale, it is the buyer who shall
suffer that loss as owner of property. He cannot hold the seller to bear the
loss unless it is proved that loss was caused by seller himself.
To pay the out goings [Section 55(5) (d)]
After completion of Sale, since the buyer becomes owner of the property, he is
liable to pay the outgoings e.g., Government dues, rents, revenue or taxes.

Buyer's Rights

Buyer's Right Before Completion of Sale [Sec. 55(6)]

This right occurs when the seller refuses to sell, and the buyer already paid some
amount in advance. This situation creates buyers’ charges, and the buyer is entitled to
get his money back with interest on it, and interest will be paid from the date of
transfer of money from the date of delivery of possession.
But if due to the fault of the buyer, the sale doesn’t execute, then the buyer doesn’t
have a charge on it and can’t claim his money back.

Buyer’s Right After Completion of Sale [Section 55 (6) (a)]

According to Section 55 (6) (a) of the Act, the buyer is entitled to get all the rights over
the property inclusive of all rents, profits, and also any other benefits over the
property.
The buyer becomes the property owner after completion of the sale or, in other
words, after the transfer of ownership, and he/she is entitled to all the benefits from the
date of transfer of ownership.
Lease | 19 Apr 2024
Introduction

A right in property is generally created through the sale of such property. However, lease is an exception to this rule where a right in the
immoveable property is created without selling it.

Provisions relating to Lease are mentioned under Section 105 to 117 of Transfer of Property Act, 1882 (TPA).

Lease

Section 105 of TPA defines lease.

It states that a lease of immoveable property is a transfer of a right to enjoy such property, made for a certain time, express or implied,
or in perpetuity, in consideration of a price paid or promised, or of money, a share of crops, service or any other thing of value, to be
rendered periodically or on specified occasions to the transferor by the transferee, who accepts the transfer on such terms.
In the case of a lease, the transferor is called the lessor, the transferee is called the lessee, the price is called the premium, and the
money, share, service or other thing to be so rendered is called the rent.

Essential Elements of a Lease

It is a transfer of a right to enjoy a property.

It can be for a certain time, or for perpetuity.
It can be made in consideration of a price paid or promised.
Such consideration can be paid periodically or on specified occasions.

Essential Requisites of a Lease

The Lessor – He must be competent to contract, and he must have a title or authority.
The Lessee – He must be competent to contract at the date of execution of the lease.
The subject matter of the lease must be immovable property.
There must be a transfer of a right to enjoy such property.
A lease must be made for a certain time, expressed or implied or in perpetuity.
There must be a consideration, which may be premium plus rent as well as premium alone.
The lessee must accept the transfer.
The interest that the lessee acquires is a transferable interest.
The relationship of the lessee is created with the property and not merely with that of the owner.
A lease is both heritable and transferable.

Leases How Made

If a lease of an immoveable property is made for a period exceeding one year, then such a lease can be made only by a registered
instrument.
All other leases of immoveable property may be made either by a registered instrument or by oral agreement accompanied by
delivery of possession.

Duration of Lease

A lease of immovable property for agricultural or manufacturing purposes shall be a lease renewable from year to year. It shall be
terminable by six months’ notice.
A lease of immovable property for any purpose other than manufacturing and agriculture shall be a lease renewable from month to
month. It shall be terminable by fifteen days’ notice.
Doctrine on Marshalling and Contribution
Introduction to Doctrine of Marshalling and Contribution
Marshalling means arranging things, systematize, or regulate things which mean the things
arranged in a proper manner or order. In the Transfer of Property Act, section 56, 81 and 82
deals with the doctrine of marshalling and contribution. According to section 56 of the
transfer of property act, the marshalling applies on seller and buyer. Section 56, the rule of
marshalling by the subsequent purchaser only deals with the sale not mortgage. Section 56
incorporates the rule of marshalling by a purchaser. And for a mortgage, section 81 is the
rule of marshalling in which the subsequent mortgagee has the right to claim to marshal. The
right of marshalling securities is not absolute.

The rule of contribution described in section 82 of the transfer of property act. The meaning
of the rule of the contribution means providing money for a common fund. The doctrine of
marshalling and contribution are very vital section (81, 82) for the transaction of the
mortgage.

Doctrine of Marshalling
Marshalling means arranging something. Section 81 of the transfer of property act says that
if the owner of two or more properties mortgages them to one person and other property
mortgages to other people, the new mortgagee is in the absence of a contract to the
contrary, entitled to have the mortgaged debt satisfied out of the properties not mortgaged
to him, so far as the same will extend, but not to prejudice the rights of the prior mortgagee
or persons claiming under him or of any other person who has for consideration acquired an
interest in any of the properties. The right given to the subsequent mortgagee under this
section contemplates a situation where a mortgagor, mortgages more than two or more than
two properties firstly to a mortgagee and after that mortgages some of these properties to
the other person.

For example-
· X mortgages properties A, B and C to Y for securing a loan of 30,000 rupees.

· After that X mortgages property B to Z for securing another loan of 10,000 rupees.

In this Y is the first mortgagee on properties A, B and C which are securities for a loan of
30,000 rupees. And property B mortgages to X for loan 10,000 rupees. Here Y is the prior
mortgaged and Z is the subsequent mortgagee. The right is given to Z (subsequent
mortgagee) entitles him to say that the loan of rupees 30,000, it should be satisfied out of
sale proceeds of properties A and B only and it is not from C which has been mortgaged to
him. In the case, A and B could be sold for less than 30,000 rupees, property C mat be sold
to complete the amount. Although Z is a subsequent mortgagee and his claim is not before
the Y but Z has right of marshalling or in other word he has right to arranging the securities in
his favour.

According to this, the subsequent mortgagee under section 81 has right of marshalling
securities.

Here the right of marshalling securities is not absolute, it follows some

conditions-
1. The mortgagees may be two or more than two-person and the mortgagor must be same.

2. Mortgagor mortgages two or more than two properties to another new mortgagee without
prejudice the prior mortgagee.

3. There exists not a contract to the contrary.

4. The new mortgagee entitled to have the mortgage debt satisfied out of the property.

5. At last new mortgagee must not be prejudiced to the first mortgagee as well as a third
person or other person claiming as the purchaser.

Landmark Cases
In the case of Devatha Pullaya v. Jaldu Manikyala Rao[1], where a puisne mortgagee has
taken the mortgage expressly on condition of discharging certain amount due on the prior
mortgage but fails to fulfil that term, he cannot exercise the right of marshalling.

In the case of Fiatallis North America, Inc Et Al v. Pigott Construction Limited Et Al[2]held
that there must be a single or common mortgagor or debtor.

In the case of Nova Scotia saving & loan v. O’Hara et al[3], held that the doctrine, whose
object is to achieve fairness, will not be applied to the prejudice of the third party.
object is to achieve fairness, will not be applied to the prejudice of the third party.

Section 82, Contribution to Mortgage-Debt

Contribution means providing money for the common fund. Section 82 of the transfer of
property act deals with the rules relating to the contribution of money towards mortgaged
debt. It is the right of a person who has discharged a common liability to recover
proportionate share from others. The doctrine of contribution requires that the persons
under common liabilities that liabilities equitable.

Section 82 contemplates a situation in which there are two or more than two mortgagors who
take a common debt by mortgaging different properties in one property. The nature of the
doctrine of contribution is based on the principles of equity, justice and good faith or good
conscience. Each mortgagor or debtor must be liable to contribute to such common debt.
When two or more properties of different persons are mortgaged to secure a loan, the
mortgagee has the right to recover the debt from the property of any one person.

Rules of Contribution
1. The mortgaged property belongs to two or more persons.

2. One property is mortgaged first and then again mortgaged with another property.

3. Marshalling supersedes contribution.

Difference Between Doctrine of Marshalling and Contribution

Doctrine of Marshalling
● The right of marshalling is available to mortgagees.
● It settles right of subsequent mortgagees.

Doctrine of Contribution
● Contribution determines the right of one mortgagor against other mortgagors.
● It rights of mortgagors inter se.
Section 13 of the Transfer of Property Act, 1882 deals with transfers for the benefit of
unborn persons. It outlines the conditions under which such transfers are valid:
Key Points:
• Prior Life Interest: A transfer for the benefit of an unborn person must be
preceded by a life interest in favor of a person living at the time of the transfer.
This ensures that the property is held by a living person until the unborn
person comes into existence.
• Absolute Interest: The interest created for the benefit of the unborn person
must be absolute, meaning it must extend to the whole of the remaining
interest of the transferor in the property.
• Vesting of Interest: The interest of the unborn person vests immediately upon
their birth, even though they may not possess the property until the
termination of the prior life interest.
Example:
A transfers his house to B for life, and thereafter to the unborn child of C. This
transfer is valid because:
1. A life interest is created in favor of B, a living person.
2. The interest created for the unborn child is absolute, as it encompasses the
entire remaining interest in the property after B's life estate.

Section 5 of the Transfer of Property Act, 1882 defines the term "transfer of
property."

According to this section, a transfer of property means an act by which

a living person conveys property, in present or in future, to one or more
other living persons, or to1 himself, or to himself and one or more other
living persons.2
It's important to note that the term "living person" includes companies,
associations, and bodies of individuals, whether incorporated or not.

This definition is crucial for understanding the scope of the Act and its
application to various property transactions. It sets the foundation for
subsequent sections that deal with the modalities and limitations of
property transfers.
 Section 14 of the Transfer of Property Act, 1882, is commonly known as the
Rule Against Perpetuity. It sets a limit on the duration of future interests in
property.
Key Points:
• Purpose: To prevent the creation of interests that may vest too remotely in the
future, thereby hindering the free alienation of property.
• Limitation: No transfer of property can create an interest that takes effect after
the lifetime of one or more persons living at the time of the transfer and the
minority of some person who will be1 in existence at the end of that period.
• Rationale: The rule ensures that property is not tied up indefinitely, allowing
for its free transfer and use.
In essence, Section 14 aims to balance the interests of future generations with
the need for clear and certain property rights.
Example:
A transferor cannot create a trust that will vest in a beneficiary 100 years after
the transferor's death. This would violate the Rule Against Perpetuity, as the
interest would vest too remotely in the future.
Conclusion:
Section 14 plays a crucial role in maintaining the free flow of property. By
limiting the duration of future interests, it ensures that property is not tied up
for indefinite periods, promoting economic activity and social development.
Section 6 of the Transfer of Property Act, 1882, outlines what kind of property can
and cannot be transferred.
Property that can be transferred:
• Generally, any kind of property can be transferred, except for those specifically
mentioned in the Act or other laws.
Property that cannot be transferred:
• Mere possibilities: This includes things like the chance of inheriting property or
receiving a legacy.
• Right of re-entry: This is the right to retake possession of property if a certain
condition is breached. It can only be transferred to the owner of the property
affected.
• Easements: These are rights to use another person's land. They cannot be
transferred separately from the land that benefits from them.
• Personal interests: Property that is restricted to the personal enjoyment of the
owner cannot be transferred.
• Right to future maintenance: This includes any right to receive future
maintenance, regardless of how it arises.
In essence, Section 6 ensures that only property that can be clearly defined
and possessed can be transferred. It prevents the transfer of mere
expectations or rights that are too uncertain or personal.
Section 52 of the Transfer of Property Act, 1882, is commonly known as the
Doctrine of Lis Pendens. It essentially means that during the pendency of a
legal suit or proceeding involving immovable property, no party to the suit can
transfer or deal with the property in a way that could affect the rights of the
other party.
Key points of Section 52:
• Purpose: To protect the rights of all parties involved in a legal dispute and to
prevent any party from prejudicing the outcome of the case by transferring
the property.
• Scope: Applies to any suit or proceeding where a right to immovable property
is directly and specifically in question.
• Restrictions: During the pendency of the suit, no party can:
o Transfer the property
o Create any charge or encumbrance on the property
o Lease the property
o Gift the property
• Exceptions: Transfers made with the express permission of the court or under
the authority of a court order are valid.
In essence, Section 52 ensures that the property involved in a legal dispute
remains intact until the final resolution of the case, protecting the interests of
all parties.
 Section 54 of the Transfer of Property Act, 1882, deals with the sale of
immovable property. It outlines the following key points:
Definition of Sale:
• A sale is a transfer of ownership in exchange for a price, which can be paid in
full, in part, or promised.
Mode of Sale:
• For immovable property valued at Rs. 100 or more:
o The sale must be made through a registered instrument.
• For immovable property valued below Rs. 100:
o The sale can be made either by a registered instrument or by delivery of
the property.
Contract for Sale:
• A contract for sale is an agreement between the buyer and seller to sell
immovable property on specific terms.
• It does not create any interest or charge on the property until the actual sale is
completed.
Key Points to Remember:
• Section 54 emphasizes the importance of a registered instrument for the sale
of valuable immovable property.
• A contract for sale is merely an agreement and does not transfer ownership.
• The actual transfer of ownership occurs only after the completion of the sale
and registration of the necessary documents.
In essence, Section 54 ensures that the sale of immovable property is
conducted in a transparent and legally sound manner, protecting the interests
of both the buyer and the seller.
 Section 58 of the Transfer of Property Act, 1882, defines the concept of a
mortgage and related terms.
Key Points:
• Mortgage: A mortgage is a transfer of interest in specific immovable property
as security for a loan or debt.
• Mortgagor: The person who transfers the property as security is the
mortgagor.
• Mortgagee: The person who receives the property as security is the
mortgagee.
• Mortgage-money: The principal amount of the loan and its interest.
• Mortgage-deed: The legal document that records the mortgage transaction.
Section 58 further classifies mortgages into several types:
1. Simple Mortgage:
o The mortgagor retains ownership of the property but agrees to sell it to
the mortgagee in case of default.
2. Mortgage by Conditional Sale:
o The mortgagor transfers ownership to the mortgagee conditionally,
with the condition that the property will be retransferred to the
mortgagor upon repayment of the loan.
3. Usufructuary Mortgage:
o The mortgagee acquires the right to use and enjoy the property's
income until the loan is repaid.
4. English Mortgage:
o The mortgagor transfers absolute ownership to the mortgagee, but the
mortgagee agrees to retransfer the property upon repayment of the
loan.
5. Mortgage by Deposit of Title Deeds:
o The mortgagor deposits the title deeds of the property with the
mortgagee as security for the loan.
Understanding these different types of mortgages is crucial for anyone dealing
with real estate transactions, as they have distinct legal implications and rights
and obligations for both the mortgagor and the mortgagee.
 Section 56 of the Transfer of Property Act, 1882, deals with the concept of
"Marshalling".
What is Marshalling?
Marshalling is a legal principle that allows a subsequent purchaser of a
property, which is part of a larger mortgaged estate, to compel the mortgagee
to first realize the mortgage debt from the unsold portion of the mortgaged
property.
Key Points of Section 56:
• Scenario: If a property owner mortgages multiple properties to one lender and
then sells one or more of these properties to a subsequent purchaser, the
purchaser can request the lender to first recover the loan amount from the
unsold properties.
• Purpose: This is to protect the rights of the subsequent purchaser and ensure
that they are not burdened with the entire mortgage debt.
• Limitations: The right to marshal is subject to certain limitations:
o Contractual Agreement: If there's a specific agreement between the
original owner and the subsequent purchaser or between the
mortgagor and the mortgagee, the right to marshal may be waived or
modified.
o Rights of the Mortgagee: The right to marshal cannot prejudice the
rights of the mortgagee or other parties who have acquired an interest
in the property.
In essence, Section 56 provides a mechanism for equitable distribution of the
mortgage burden, ensuring that the subsequent purchaser's interest is
protected.
Section 122 of the Transfer of Property Act, 1882, defines a "gift".
Definition of Gift:
A gift is the voluntary transfer of existing movable or immovable property from one
person (the donor) to another (the donee), without any consideration.
Key Points:
• Voluntary Transfer: The transfer must be made willingly and without any compulsion
or undue influence.
• Existing Property: The property must exist at the time of the gift. Future property
cannot be gifted.
• No Consideration: The transfer must be gratuitous, meaning there should be no
exchange of value.
• Acceptance: The donee must accept the gift during the donor's lifetime and while the
donor is still capable of giving.
If the donee dies before accepting the gift, the gift is void.
This section provides the basic framework for understanding the concept of a gift and
its essential elements.

Section 60 of the Transfer of Property Act, 1882, deals with the Right of
Redemption for a mortgagor.
Key Points:
• Right to Redeem: This section grants the mortgagor the right to redeem the
mortgaged property after the principal money becomes due.
• Conditions for Redemption: The mortgagor must pay or tender the mortgage
money at a proper time and place.
• Obligations of the Mortgagee: Upon redemption, the mortgagee is obligated
to:
o Deliver the mortgage deed and related documents.
o Deliver possession of the mortgaged property if the mortgagee is in
possession.
o Re-transfer the mortgaged property to the mortgagor or a designated
person.
o Execute an acknowledgment of the extinguishment of the mortgagee's
rights.
Limitations:
• The right to redeem can be extinguished by an act of the parties or a court
decree.
• Reasonable notice may be required before payment or tender of the mortgage
money, especially if no specific time is fixed for payment.
In essence, Section 60 protects the interests of the mortgagor by ensuring that
they can regain ownership of the mortgaged property upon repayment of the
loan.
 Section 108 of the Transfer of Property Act, 1882, outlines the rights and
liabilities of both the lessor (landlord) and the lessee (tenant) in the absence
of a specific contract or local usage.
Rights and Liabilities of the Lessor:
• Disclosure of Defects: The lessor is obligated to disclose any material defects in
the property that could affect its intended use, especially if the lessee is
unaware of them and could not reasonably discover them.
• Providing Possession: The lessor must put the lessee in possession of the
property upon request.
• Peaceful Enjoyment: The lessor guarantees the lessee's peaceful enjoyment of
the property for the lease term, provided the lessee pays the rent and fulfills
other contractual obligations.
Rights and Liabilities of the Lessee:
• Use of Property: The lessee can use the property and its products as a prudent
person would, but they cannot use it for a purpose other than that for which it
was leased or damage the property.
• Payment of Rent: The lessee is obligated to pay the agreed-upon rent on time.
• Maintenance: The lessee is generally responsible for the ordinary repairs and
maintenance of the property.
• Surrender of Possession: At the end of the lease term, the lessee must
surrender possession of the property to the lessor.
It's important to note that these rights and liabilities can be modified or
supplemented by specific contractual terms agreed upon by the parties.
Additionally, local laws and customs may also influence the relationship
between the lessor and the lessee.
Section 126 of the Transfer of Property Act, 1882, outlines the conditions under which a
gift can be suspended or revoked.Key Points:

• Revocable Gifts: A gift that can be revoked wholly or partially at the mere will of the donor is
void.

• Conditional Revocation: The donor and donee can agree that the gift will be suspended or
revoked on the occurrence of a specific event that is beyond the donor's control.

• Fraud or Misrepresentation: If the gift was obtained through fraud or misrepresentation, it

can be revoked.

• Failure of Consideration: If the gift was made on the basis of a certain consideration, and that
consideration fails, the gift can be revoked.