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Supreme Court of India 2018-10-26 allowed

S. Sarojini Amma vs Velayudhan Pillai Sreekumar

Bench: 2 — Indira Banerjee

In Brief

An elderly widow executed a purported gift deed in favour of her nephew, reserving her right to possession and enjoyment during her lifetime, with the gift to take effect only after her death. She later sought to cancel the deed. The Supreme Court held that this was not a completed gift because it was executed for consideration and contained conditions precedent. Under the Transfer of Property Act, 1882, a valid gift requires transfer without consideration and must be accepted during the donor's lifetime. The Court allowed the widow's appeal, confirming her right to cancel the deed.

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Transfer of Property Law of Gifts Property Rights Civil Procedure Conditional Transfers

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