Judgment

BEG, J :- This appeal, after certification by the Gujarat High Court of fitness of the case for it, arises in the following circumstances.

Uttamram Mayaram Thakar, a flourishing lawyer, made a will on 10-6-1945, and died childless on 20-6-1946. His widow, Bai Ruxmani, obtained, under the will, inter alia, certain shares the right and title to which are disputed before us. On 6-3-1948, Bai Ruxmani executed a registered gift deed purporting to donate the disputed shares in various limited companies, of which details were given in the gift deed, to her brother, Vasudev Ramchandra Shelat, the appellant before us (hereinafter referred to as Shelat ). On 18-4-1948, Bai Ruxmani also expired. But, before she died, she had signed several blank transfer forms, apparently intended to be filled in by the donee so as to enable him to obtain the transfer of the donated shares in the registers of the various companies and share certificates in his own name. She had put her signatures in the correct places showing that she meant to sign as the transferor of the shares. The shares could not, however, be transferred in the registers of the various companies, in accordance with the relevant p