Donor's Acknowledgement In Gift Deed Of Property's Delivery To Donee Is Sufficient Proof Of Gift's Acceptance: Kerala High Court
6 months ago

Donor's Acknowledgement In Gift Deed Of Property's Delivery To Donee Is Sufficient Proof Of Gift's Acceptance: Kerala High Court

Live Law  

The Kerala High Court held that when the registered deed of gift of immovable property mentions that the property was delivered to the donee, it is sufficient to establish acceptance. There may be various means to prove acceptance of a gift.” The Court also contemplated whether delivery of property is a necessary element of acceptance of gift of immovable property. Section 123 of the Act says that a gift of immovable property is effected by a registered instrument signed by or on behalf of the donor, and attested by at least two witnesses. "The recitals in Exhibit B1 gift deed and Exhibit B2 release deed, two registered documents wherein the donor specifically acknowledged that the donee accepted the gift and possession of the property was delivered to the donee, are sufficient to establish acceptance," the Court observed.

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History of this topic

Can Gift Deed Be Unilaterally Cancelled By Donor After Acceptance By Donee? Kerala High Court Discuses
6 months ago

Can Gift Deed Be Unilaterally Cancelled By Donor After Acceptance By Donee? Kerala High Court Discuses

Live Law  

The Kerala High Court in a recent judgment discussed whether the unilateral cancellation of a gift deed by the donor is legally impermissible. In Thota Ganga Laxmi v Government of Andhra Pradesh, the Supreme Court was dealing with the legality of a cancellation deed whereby a sale deed was cancelled. In Suresh Babu S. R. and Others v Beena and …

Registrar Can't Accept Deed Of Cancellation Which Seeks To Nullify A Deed Of Conveyance Which Has Already Been Acted Upon: Madras High Court (FB)
2 years, 3 months ago

Registrar Can't Accept Deed Of Cancellation Which Seeks To Nullify A Deed Of Conveyance Which Has Already Been Acted Upon: Madras High Court (FB)

Live Law  

While answering a reference, the Madras High Court Bench of Justice SS Sundar, Justice GR Swaminathan and Justice R Vijayakumar observed that the Registrar does not have the power to accept the deed of cancellation to nullify a deed of conveyance made earlier, when the deed of conveyance has already been acted upon.The court was answering a reference made by …

Acceptance Of Gift Can Be Inferred By Implied Conduct Of Donee: Supreme Court
4 years ago

Acceptance Of Gift Can Be Inferred By Implied Conduct Of Donee: Supreme Court

Live Law  

The Supreme Court has observed that acceptance of a gift can be inferred by the implied conduct of the donee.Such inference can be ascertained from the surrounding circumstances such as taking into possession the property by the donee or by being in the possession of the gift deed itself, the bench comprising Justices NV Ramana, S. Abdul Nazeer and Surya …

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