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J. B. PARDIWALA, R. MAHADEVAN
N. P. Saseendran – Appellant
Versus
N. P. Ponnamma – Respondent
Key Points: - The document Ext.A1 dated 26.06.1985 is analyzed to determine whether it is a gift, settlement, or a will, and whether the disposal is in praesenti or on death (!) (!) (!) . - The court explains the criteria to distinguish Gift, Settlement, and Will, including consideration, life interest, and the effect of revocation, with emphasis on reading the instrument as a whole and harmonizing clauses (!) (!) (!) (!) . - It holds that there can be a composite document with elements of gift and will, or gift and settlement, and that such instruments may be severable and require registration for the gift portion while the will portion may be non-registered; the presence of life interest reservations does not automatically convert a gift into a will (!) (!) (!) . - Unilateral cancellation of a gift (Ext.A1) is void; acceptance can be proved by conduct, possession, or registration, and cancellation requires court scrutiny; Section 126 TP Act prohibits unilateral revocation unless a valid revocation clause exists (!) (!) (!) . - The High Court’s decision treated Ext.A1 as a settlement with an element of gift, and affirmed that the cancellation and subsequent sale deeds executed by the donor were not binding on the plaintiff (!) (!) .
JUDGMENT :
(R. Mahadevan, J.)
Leave granted.
2. This appeal has been filed against the final judgment and decree dated 10.06.2019 passed by the High Court of Kerala at Ernakulam1[Hereinafter referred to as “the High Court”], in R.S.A. No.1338 of 2004, whereby the High Court allowed the said Regular Second Appeal and set aside the concurrent findings of the Courts below, besides granting a decree in favour of the plaintiff / Respondent No.1 declaring her right, title and interest over the suit schedule property by virtue of Ext.Al settlement deed dated 26.06.1985. The High Court also declared that cancellation deed (Ext.A2) dated 19.10.1993 and sale deed (Ext.A3) dated 19.10.1993 both executed by Defendant No.1 would not bind the plaintiff as far as her right, title and interest over the suit schedule property is concerned.
3. The Respondent No.1 was the plaintiff (daughter) in O.S.No.27 of 1994 filed before the Sub Court, Cherthala2[Hereinafter referred to as “the trial Court”] and the appellant was Defendant No.2 (son) in the said suit. Alleging that the suit schedule property was gifted by her father, who was Defendant No.1 in the suit, vide registered deed dated 26.06.1985, the Res
(1) Right to appeal – Right to appeal under Section 100 or 109 of Code of Civil Procedure, 1908 and Article 133 of Constitution of India can basically be on same premise of existence of a substantial....
The legal effect of a cancellation deed executed to cancel a settlement deed and the interpretation of Ext.B1 as a gift deed.
Unilateral cancellation of a registered gift deed is invalid without specific grounds for revocation under law, reaffirming 'possession follows title'.
A registered gift deed cannot be unilaterally revoked; cancellation requires judicial intervention to be valid.
The main legal point established in the judgment is that a valid gift deed passes a title in favor of the donees, and subsequent deeds or Wills may be invalid if not proven.
The revocation of a settlement deed must be justified under the legal provisions, and the court will consider evidence and legal principles to determine the validity of such revocation.
The cancellation of a gift settlement deed is invalid if the donor reserves no right to revoke it, and the burden of proving absence of undue influence lies on the beneficiary.
A registered gift deed cannot be revoked or cancelled unilaterally without the consent of the donee. Such unilateral cancellation deed does not bind the donee.
A valid gift under Mohammedan Law requires declaration, acceptance, and delivery of possession; failure to meet these criteria results in the transaction being invalid.
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