RENIKUNTLA RAJAMMA (D) BY LRS. versus K. SARWANAMMA
Retention of the right of the donor to use the property or receive rents during her lifetime does not invalidate a gift, provided acceptance and execution requirements under Sections 122 and 123 are fulfilled. Delivery of possession is not a legal prerequisite for validity of such a gift of immovable property.
- Parties
- Appellant: Renikuntla Rajamma (D) by LRS.; Respondent: K. Sarwanamma
- Jurisdiction
- India
- Judgment Date
- 17 July 2014
- Procedural Posture
- Civil Appeal / Final Supreme Court Decision
- Outcome
- Appeal dismissed
- Legal Topics
- Gift Under Transfer of Property Act, Interpretation of Sections 122 and 123, Validity of Gift Reserving Life Interest, Effect of Retention of Possession on Gift Validity
Case Brief
Summary, issues, holding and outcome
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Parties
Renikuntla Rajamma (D) by LRS.
Appellant
K. Sarwanamma
Respondent
Procedural Posture
Civil Appeal / Final Supreme Court Decision
Legal Issues
- 1 Whether retention of possession and receiving rents by donor affects validity of gift under Transfer of Property Act
- 2 Whether delivery of possession is a prerequisite for valid gift of immovable property under Indian law
Ratio Decidendi
Retention of the right of the donor to use the property or receive rents during her lifetime does not invalidate a gift, provided acceptance and execution requirements under Sections 122 and 123 are fulfilled. Delivery of possession is not a legal prerequisite for validity of such a gift of immovable property.
Court Disposition
Appeal dismissed
Orders
- High Court decree in favour of the donee upheld
- No order as to costs
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