A full bench of the Supreme Court has clarified and authoritatively laid down the position of law with respect to the essential requirements to make a valid gift in terms of sections 122 and 123 of the Transfer of Property Act, 1882. The judgment came on 17 July in a case that pitted the legal representatives of the late Renikuntla Rajamma against K Sarwanamma.
Facts of the case
Rajamma executed a gift deed in favour of Sarwanamma in respect of property, reserving to herself, during her life, the right to enjoy the benefits arising from the property. Subsequently, around March 1986, Rajamma executed a revocation deed, revoking the gift deed on grounds that included fraud, misrepresentation and undue influence.
Sarwanamma responded by filing a suit for a declaration that the revocation deed was null and void.
You must be a
subscribersubscribersubscribersubscriber
to read this content, please
subscribesubscribesubscribesubscribe
today.
For group subscribers, please click here to access.
Interested in group subscription? Please contact us.
你需要登录去解锁本文内容。欢迎注册账号。如果想阅读月刊所有文章,欢迎成为我们的订阅会员成为我们的订阅会员。
Vivek Vashi is the mainstay of the litigation team at Bharucha & Partners, where Aakriti Khetan is an associate.
Bharucha & Partners Advocates & Solicitors
Cecil Court, 4th Floor, MK Bhushan Road
Mumbai-400 039
India
Tel: +91-22 2289 9300
Fax: +91-22 2282 3900
E-mail: sr.partner@bharucha.in