Content Provider | Supreme Court of India |
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e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | 1882 - ss. 122 and 123 - C Interpretation of - Gift reserving life interest for the donor - Validity Transfer of Property Act |
Content Type | Text |
Resource Type | Law Judgement |
Jurisdiction | India |
Case Type | Appeal |
Court | Supreme Court of India |
Disposal Nature | Appeal Dismissed |
Headnote | Transfer of Property Act, 1882 - ss. 122 and 123 - C Interpretation of - Gift reserving life interest for the donor - Validity - 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: A conjoint reading of ss. 122 and D 123 of the Act makes it abundantly clear that "transfer. of possession" of the property covered by the registered instrument of the gift duly signed by the donor and attested as required is not a sine qua non for the making of a valid gift under the provisions of the Act ~ s. 123 having overriding E effect on the rules of Hindu Law pertaining to gift including the rule that required possession of the property gifted to be given to the donee - Language employed in s. 129 before its amendment clear enough to give s.123 an overriding effect vis-a-vis rules of Hindu Law - If the intention of thfr legislature F was to make delivery of possession of the property gifted also as a condition precedent for a valid gift, the provision could and indeed would have specifically said so - Absence of any such requirement can only lead to the conclusion that delivery of possession is not an essential prerequisite for the making G of a valid gift in the case of immovable property - On facts, the recitals in the gift deed proved transfer of absolute title in the gifted property from the donor to the donee - What was retained was only the right to use the property during the lifetime of the donor which did not in any way affect the transfer of ownership in favour of the donee by the donor - High Court A justified in refusing to interfere with the decree passed in favour of the donee. |
Judge | Honble Mr. Justice T.S. Thakur |
Neutral Citation | 2014 INSC 492 |
Petitioner | Renikuntla Rajamma (d) By Lrs. |
Respondent | K. Sarwanamma |
SCR | [2014] 8 S.C.R. 890 |
Judgement Date | 2014-07-17 |
Case Number | 4195 |
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