ASOKAN versus LAKSHMIKUTTY & ORS.
A recital of handing over possession in a registered gift deed raises a presumption of acceptance, and overt proof or express acceptance is not necessary. Onus to show non-acceptance or non-possession lies on the donor; once gift is complete, it cannot be rescinded based on subsequent conduct of donee.
- Parties
- Appellant: Asokan; Respondents: Lakshmikuty and Ors.
- Jurisdiction
- India
- Judgment Date
- 14 December 2007
- Procedural Posture
- Civil Appeal / Appeal From High Court Judgment
- Outcome
- Appeal allowed
- Legal Topics
- Gift, Proof of Acceptance, Registered Deed, Recitals in Deed, Presumption of Acceptance, Sections 122 and 123 Transfer of Property Act, Sections 91 and 92 Evidence Act
Case Brief
Summary, issues, holding and outcome
More case intelligence is available
Unlock the full research layer for this judgment.
Parties
Asokan
Appellant
Lakshmikuty and Ors.
Respondents
Procedural Posture
Civil Appeal / Appeal From High Court Judgment
Legal Issues
- 1 Whether recital of handing over possession in a gift deed is sufficient proof of acceptance by the donee to constitute a valid gift
- 2 Whether plea against recitals in deed of gift is permissible under Sections 91 and 92 of Evidence Act
- 3 Whether subsequent conduct of donee allows rescinding a completed gift
Ratio Decidendi
A recital of handing over possession in a registered gift deed raises a presumption of acceptance, and overt proof or express acceptance is not necessary. Onus to show non-acceptance or non-possession lies on the donor; once gift is complete, it cannot be rescinded based on subsequent conduct of donee.
Court Disposition
Appeal allowed
Orders
- Judgment of High Court and First Appellate Court set aside
- Judgment of Trial Court restored
Full Case Text
Judgment text and source record
Sign in to read
Sign in to read the full judgment text
Sign in to read the full judgment text. Downloads and additional research tools may depend on your plan.
Sign in to read the full judgment