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Supreme Court of India 2019-09-19 dismissed

ILLOTH VALAPPIL AMBUNHI (D) BY LRS vs KUNHAMBU KARANAVAN

Bench: 2 — Indira Banerjee, Sanjiv Khanna

In Brief

This case involved a dispute over property allegedly gifted to a religious trust (the Bhandaram) in 1971. The gift deed recited delivery of possession, but the donor later executed a cancellation deed and sold the property to the appellant, who now sought to retain it. The Supreme Court upheld the High Court's decision, holding that when a gift deed recites delivery of possession to a donee (including an idol treated as a minor), a presumption of acceptance arises. Since the trust's trustee did not repudiate the gift, the donor was divested of title and could not unilaterally revoke it. The subsequent transfer to the appellant was void. The appeal was dismissed.

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Property Law Transfer of Property Gift Deed Limitation Civil Procedure

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