Home Case Index All Cases Indian Laws Indian Laws + SC Indian Laws - 2014 (7) TMI SC This
Forgot password New User/ Regiser ⇒ Register to get Live Demo
2014 (7) TMI 1284 - SUPREME COURTConditional Gift - right to use the property during the lifetime of the donor retained - whether retention of possession of the gifted property for enjoyment by the donor during her life time and the right to receive the rents of the property in any way affected the validity of the gift? Held that:- There is indeed no provision in law that ownership in property cannot be gifted without transfer of possession of such property. As noticed earlier, Section 123 does not make the delivery of possession of the gifted property essential for validity of a gift. In the case at hand, the execution of registered gift deed and its attestation by two witnesses is not in dispute. It has also been concurrently held by all the three courts below that the donee had accepted the gift. The recitals in the gift deed also prove transfer of absolute title in the gifted property from the donor to the donee. What is retained is only the right to use the property during the lifetime of the donor which does not in any way affect the transfer of ownership in favour of the donee by the donor. The High Court was in that view perfectly justified in refusing to interfere with the decree passed in favour of the donee - appeal dismissed.
|