K. BALAKRISHNAN versus K. KAMALAM AND ORS.

K. BALAKRISHNAN versus K. KAMALAM AND ORS.

A minor can accept a gift, and when a gift is made by a parent to a minor child, implied acceptance is presumed absent disapproval; reservation of possession or management by donor does not make the transfer invalid; a validly accepted gift is irrevocable except within the statutory exceptions.

Parties
Appellant/donee: K. Balakrishnan; Respondent/daughter: K. Kamalam; Donor/deceased Mother: Devyani
Jurisdiction
India
Judgment Date
18 December 2003
Procedural Posture
Civil Appeal / Appeal From Kerala High Court Ruling in S.a. No. 671 of 1992; Consolidated With C.a. No. 4770 of 2001
Outcome
Appeal allowed; impugned High Court and trial court judgments set aside; first appellate court judgment restored; connected appeal dismissed; parties to bear their own costs.
Legal Topics
Gifts to Minors, Transfer of Property, Acceptance of Gift, Revocation of Gift
Property Law Gifts to Minors Transfer of Property Acceptance of Gift Revocation of Gift

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Parties

K. Balakrishnan

Appellant/donee

K. Kamalam

Respondent/daughter

Devyani

Donor/deceased Mother

Procedural Posture

Civil Appeal / Appeal From Kerala High Court Ruling in S.a. No. 671 of 1992; Consolidated With C.a. No. 4770 of 2001

Legal Issues

  1. 1 Whether a minor can legally accept a property gifted to him by way of a registered gift-deed; whether the gift-deed was irrevocable

Ratio Decidendi

A minor can accept a gift, and when a gift is made by a parent to a minor child, implied acceptance is presumed absent disapproval; reservation of possession or management by donor does not make the transfer invalid; a validly accepted gift is irrevocable except within the statutory exceptions.

Court Disposition

Appeal allowed; impugned High Court and trial court judgments set aside; first appellate court judgment restored; connected appeal dismissed; parties to bear their own costs.

Orders

  • Civil Appeal No. 1036 of 2000 allowed; Civil Appeal No. 4770 of 2001 dismissed.
  • Impugned order of Kerala High Court dated 6.8.1999 and judgment of trial court set aside.