Bai Jiva v. Khimji Cooverji
Rule established
A gift once accepted cannot be revoked unilaterally by the donor; revocation only under S.126 conditions
Facts
- A gift was made, accepted, and possession delivered
- The donor later attempted to revoke the gift, claiming a change of mind
- No condition for revocation existed in the gift deed
Issue
- Whether a donor can unilaterally revoke a completed gift (one that has been accepted and possession delivered).
Held
- A completed gift is irrevocable. After acceptance and delivery, the donee's title is perfected and the donor ceases to have any right over the property. Revocation is possible only if the gift deed itself contains a valid condition for revocation (S.126), and that condition must not depend on the donor's will alone.
Ratio Decidendi
S.126 is clear: a gift may be suspended or revoked only if the donor and donee have agreed to a condition for suspension or revocation, and the condition is not dependent solely on the donor's will. Absent such a condition, a completed gift is as irrevocable as a sale.
How to use it in an exam
Use in problems where donor attempts revocation after acceptance. Key line: "A gift once accepted is irrevocable; the donor cannot reclaim property by mere change of mind."
Source
Source: Avatar Singh, Law of Transfer of Property
This is an educational summary, not the judgment itself. Cite the reported version in professional or academic work.