S. SAROJINI AMMA versus VELAYUDHAN PILLAI SREEKUMAR

S. SAROJINI AMMA versus VELAYUDHAN PILLAI SREEKUMAR

The deed was executed for consideration and was conditional, to take effect after the death of the donor and requiring the donee to look after the appellant and her husband. There was no completed gift, and the appellant had the right to cancel the deed.

Parties
Appellant: S. Sarojini Amma; Respondent: Velyaudhan Pillai Sreekumar
Jurisdiction
India
Judgment Date
26 October 2018
Procedural Posture
Civil Appeal / Appeal From High Court Judgment
Outcome
Appeal allowed
Legal Topics
Gift Deed, Conditional Gift, Transfer of Property Act S.122
Property Law Gift Deed Conditional Gift Transfer of Property Act S.122

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Legal principles 3 Authorities cited 3 Party arguments 2
Sign in to unlock

Parties

S. Sarojini Amma

Appellant

Velyaudhan Pillai Sreekumar

Respondent

Procedural Posture

Civil Appeal / Appeal From High Court Judgment

Legal Issues

  1. 1 Whether a document styled as gift deed but executed for consideration can be treated as gift
  2. 2 Whether a gift deed reserving the right of the donor to keep possession and enforceable after death is a gift or a will
  3. 3 Whether cancellation deed executed by the appellant was valid

Ratio Decidendi

The deed was executed for consideration and was conditional, to take effect after the death of the donor and requiring the donee to look after the appellant and her husband. There was no completed gift, and the appellant had the right to cancel the deed.

Court Disposition

Appeal allowed

Orders

  • Judgment and order of the High Court set aside