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HARJIT SINGH BEDI, S.B.SINHA
ASOKAN – Appellant
Versus
LAKSHMIKUTTY – Respondent
What is the significance of acceptance in a gift transaction under the Transfer of Property Act? What are the accepted modes or evidentiary considerations for proving acceptance of a gift and delivery of possession? Can the subsequent conduct of the donee or non-fulfillment of conditions justify rescission of a completed gift?
Key Points: - The judgment discusses acceptance as essential for a valid gift and presumes acceptance based on possession. (!) (!) - It analyzes that possession delivery and recitals in the deed may constitute acceptance, with burden on donor to prove non-acceptance; various modes of proving acceptance are considered. (!) (!) (!) - It holds that once a gift is complete, it cannot be rescinded for subsequent conduct of the donee; the onus and exceptions are discussed in relation to Sections 122, 123, 91, 92. (!) (!) (!)
S. B. SINHA, J.
( 1 ) LEAVE granted.
( 2 ) WHETHER an averment made in the deed of gift in regard to handing over of possession is sufficient proof of acceptance thereof by the donee is the question involved in this appeal which arises out of a judgment and order dated 9. 07. 2002 passed by the High Court of Kerala at Ernakulam in S. A. No. 606 of 1993.
( 3 ) DEFENDANT Nos. 1 and 2 are the parents of the appellant herein. A deed of gift was executed by Defendant No. 2 - Respondent No. 1 (mother of the appellant) herein in favour of the appellant on or about 4. 01. 1984. He was said to have been put in possession of the properties covered by the deed of gift. It was a registered document. Defendant No. 1 (father of the appellant) (since deceased) also executed a registered deed of gift dated 17. 03. 1984 in his favour which was marked as Exhibit A-2 before the learned Trial Judge; relevant averments wherein were:
"the said 28 cents was divided into two equal portions. On the southern extreme side of the southern 14 cents after the said division there existed a kudikidappu (hut) of one Konnothu george. Three cents and the said hut was demarcated and given to the said George. Laksh
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