Content Provider | Supreme Court of India |
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e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | gift deeds Transfer of Property Act |
Content Type | Text |
Resource Type | Law Judgement |
Jurisdiction | India |
Act(s) Referred | Transfer of Property Act, 1882 (4 of 1882) |
Case(s) Referred | Referred Case 0 |
Case Type | Appeal |
Court | Supreme Court of India |
Disposal Nature | Appeal Dismissed |
Headnote | Transfer of Property Act, 1882 – ss. 10, 13 – Two gift deeds were executed in favour of defendant no.1 by his grandfather, who was also great grandfather of plaintiffs, with a condition that donee and his younger brothers hereafter had no right to alienate the scheduled property – Defendant no.1 executed three sale deeds in favour of defendant nos. 2-5 – Defendant nos. 6 & 7 were tenants of the premises – Suit was filed by appellants-plaintiffs against defendants inter alia for declaration that the alienations in favour of defendants 2-5 are null and void – Dismissed – High Court partly decreed the suit – Held: One of the conditions in the gift deed was that “the donee or his younger brothers who may be born hereafter have no right to alienate the schedule property in any manner whatsoever by way of sale, gift mortgage or otherwise” – s.10 expressly provides that where property is transferred subject to a condition or limitation absolutely restraining the transferee or any person claiming under him from parting with or disposing of his interest in the property, the condition or limitation is void – Thus, the condition in the gift deed that defendant no.1 shall not alienate the property is a void condition – Further, the gift was not in favour of any unborn person but in favour of defendant no.1 who was a minor, five years old – Condition was put on the donee and his younger brothers who may be born after the execution of the gift deed – Condition put on person unborn is entirely different from execution of gift deed in favour of a person who is not born – Thus, gift clearly being in favour of defendant no.1 and not in favour of unborn person, s.13 also has no application in the facts of the present case – High Court erred in holding that defendant no.1 was not entitled to transfer the property received by gift deed – Plaintiffs were not entitled for declaration sought in the suit. |
Judge | Hon'ble Mr. Justice Ashok Bhushan |
Neutral Citation | 2020 INSC 165 |
Petitioner | Sridhar & Anr. |
Respondent | N. Revanna & Ors. |
SCR | [2020] 3 S.C.R. 723 |
Judgement Date | 2020-02-11 |
Case Number | 1209 |
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