TMI Blog1926 (12) TMI 2X X X X Extracts X X X X X X X X Extracts X X X X ..... on of law, namely, whether an adoption of a son by a Hindu made after the execution and delivery of a deed of gift, but before registration thereof, renders a deed void as against the adopted son. 2. This is the only ground of appeal which is set forth in the appellant's case, and the respondents in their case, paragraph 2, take up the same, position Although, therefore, other grounds were indicated in the argument addressed to the Board which might have been equally fatal to the appeal, their Lordships think it right, in all the circumstances, to deal only with that which was the ground of judgment of the High Court, and in respect of which leave to appeal was given. 3. The relevant facts, which are no longer disputed, lie wit ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ptember, three days later, the deed of gift was registered. On this it was contended for the appellant that the deed of gift was not complete until registration, and that, as the grantor had before registration adopted the appellant as his son, the latter a rights in the family property had intervened so as to revoke or invalidate the gift. The leading statutory provisions on which the solution of the question depends are Sections 122 and 123 of the Transfer of Property Act 1882, and Sections 47 and 49 of the Indian Registration Act 3 of 1877. Section 122 of the Transfer of Property Act is as follows: Gift is the transfer of certain existing moveable or immovable property made voluntarily and without consideration, by one person called t ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ay be can defeat the title which on registration becomes an absolute title dating from the date of the execution of the document. 8. The other two Judges concurred in this view, making special reference to the case of Venkati Rama Reddi v. Pillati Rama Reddi [1917] 40 Mad. 204, which, being a decision of the Full Bench, was binding upon them. In that case the donor died on the day following the execution of the deed of gift, and the deed was not presented for registration until a period of six months had elapsed from the data of his death; facts which, as it appears to their Lordships, were certainly not less cogent in favour of incompleteness than are those in the present case; and there the District Judge held that the gift deed, not h ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... behalf of the donee during the lifetime of the donor. A deed of gift executed in accordance with the terms of Section 123 of immovable property but never communicated to the intended donee, and remaining in the possession of the grantor undelivered, would, in their Lordships opinion not come within the ruling of the Full Bench in the case in question. 10. The only other case to which it is necessary to refer is a Full Bench decision of the High Court of Bombay in 1924, namely Atmaram Sakharam Kalkya v. Vaman Janardhan Kashelikar A.I.R. 1925 Bom. 210. The circumstances in that case were very much the same as in the present, and the decision is thus correctly expressed in the head-note: Where the donor of immovable property has handed ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... he donor, is a ground for refusing registration, if the other conditions are complied with. Their Lordships accordingly rind themselves in complete agreement with the judgment of the Full Bench of the Bombay High Court in the case cited. As this decision, and the similar decision of the Full Bench of the Madras Court, had settled the law for these Presidencies, it is unnecessary to refer to the various conflicting decisions of inferior tribunals which were overruled. Their Lordships apprehend that the Judges of the High Court of Madras, in allowing leave to the appellant in the present case to proceed with his appeal, desired to elicit an authoritative opinion as to the soundness of the two latest decisions in the Madras Courts, and their L ..... X X X X Extracts X X X X X X X X Extracts X X X X
|
