Gift Deed Not Valid If Possession Not Handed Over: Madras High Court


Shubhi Rathore | Prabhat Bandhulya

An appeal was filed by the plaintiff in the original suit against her mother, who is the 4th defendant, and against her sisters (Defendant 1-3). The suit property belonged to the mother which she absolutely gifted by a registered deed to the plaintiff and the defendants 1-3 and since then they have been in possession and absolute owners of the same. The case of the plaintiff is that, the plaintiff and the defendants 1-3 sold 0.37 cents of land out of 2.37 through a sale deed and paid an amount to the mother for her needs. Moreover, defendant 4 was also an attestor in the sale deed. Later, defendant 4 executed a deed to cancel the gift deed and now the plaintiff contends that such cancellation is not maintainable in law as a gift deed is unconditional and irrevocable. The plaintiff requested the Court to grant the relief of permanent injunction and partition of the suit property into equal shares.

The Respondent (Defendant 4) avers that the original documents of the property are still in her possession and there has been no possession of property by the plaintiff and defendants 1-3. The respondent also states that the gift deed was executed on the persuasion of the plaintiff and defendants 1-3 by making false promises to take care of her. The Madras High Court held that there was no need for interference in the decision of the trial court as no possession was given and the parties had not acted upon the same, hence it was not a valid gift deed. Therefore, the Trial Court's decision to dismiss the suit for cancellation of gift deed was veracious and the present appeal was dismissed.

Case: S. Manjula v G. Shoba And Others 14/06/2022
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