John Wallis, C.J.

1. This case raised questions of some importance under the Transfer of Property Act as to the transfer of mortgages and of actionable claims by way of gift, and we have taken time to consider our judgment.

2. The facts may be very briefly stated. A few days before his death one Pothi Naicker executed Exhibit-50, an unregistered instrument by which he made an immediate disposition of property consisting of mortgages, promissory notes, and book-debts allotting the items in Schedule I to the defendants, the sons of a deceased son, and the items in Schedule 2 to the plaintiff, the daughter and only surviving child of another deceased son. It is not disputed that this disposition in the deed was intended to take effect at once. Exhibit 50 recites this, and is borne out by the oral evidence of the plaintiffs mother, the 1st witness for the defence in Original Suit No. 26 of 1917 which was tried along with the present suit, that the promissory notes and mortgage deeds mentioned in the second schedule were delivered to her on the plaintiffs behalf when Exhibit 50 was executed. The outstandings or "balances under account" are assigned by the terms of Exhibit So but i