F.M. DEVARU GANAPATI BHAT versus PRABHAKAR GANAPATHI BHAT

F.M. DEVARU GANAPATI BHAT versus PRABHAKAR GANAPATHI BHAT

The gift deed intended the property to be enjoyed by all male children of the donor's brother as joint holders, not to create an absolute right in favour of the appellant; creation of an interest for an unborn person is permissible under Section 20 of the Transfer of Property Act, 1882.

Parties
Appellant: F.M. Devaru Ganapati Bhat; Respondent: Prabhakar Ganapathi Bhat
Jurisdiction
India
Judgment Date
19 December 2003
Procedural Posture
Civil Appeal / Supreme Court Final Appeal
Outcome
Appeal dismissed
Legal Topics
Gift Deed, Transfer to Unborn Persons, Interpretation of Documents
Property Law Gift Deed Transfer to Unborn Persons Interpretation of Documents

Case Brief

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Parties

F.M. Devaru Ganapati Bhat

Appellant

Prabhakar Ganapathi Bhat

Respondent

Procedural Posture

Civil Appeal / Supreme Court Final Appeal

Legal Issues

  1. 1 Construction of gift deed dated September 9, 1947
  2. 2 Validity of creation of interest in the property in favour of respondent in view of Section 13 of the Transfer of Property Act, 1882

Ratio Decidendi

The gift deed intended the property to be enjoyed by all male children of the donor's brother as joint holders, not to create an absolute right in favour of the appellant; creation of an interest for an unborn person is permissible under Section 20 of the Transfer of Property Act, 1882.

Court Disposition

Appeal dismissed

Orders

  • Parties are left to bear their own costs