Ramjilal, the donor made two gifts to his nephew Gajendra, the donee. The first gift was his one immovable property situated in Delhi. The second gift were three movable properties. He did not get the gift deed registere

CS Executive · Jurisprudence, Interpretation and General Laws · PYQS · December 2023
Ramjilal, the donor made two gifts to his nephew Gajendra, the donee. The first gift was his one immovable property situated in Delhi. The second gift were three movable properties. He did not get the gift deed registered for both movable and immovable properties and died. Decide whether Gajendra entitled to both the gifts or not? Discuss.

Answer & Explanation:

Instruments of gift of immovable Property falls under Documents which are compulsorily registerable under Registration Act, 1908. In case where the donor dies before registration, the document may be presented for registration after his death and if registered it will have same effect as registration in his life time. On registration, the gift deed operates from the date of execution. It was held by Privy council in Kalyana Sundram v. Karuppa AIR 1927 PC 42 that while registration is a necessary solemnity for the enforcement of a gift of immovable property, it does not suspend the gift until registration actually takes place, when the instrument of gift has been handed over by the donor to the donee and accepted by him, the former has done everything in his power to complete the donation and to make it effective. And if it is presented by the person having necessary interest with the within the prescribed period, the Registrar must register it. Neither death nor the express revocation by the donor, is a ground for refusing the registration, provided other conditions are compiled with. However, Movable properties are not required to be compulsorily registered under the Registration Act, 1908. In the given situation, the gift deed of three movable gifts to Gajendra are fully enforceable because its registration is optional. However, gift of immovable property is compulsorily registrable under the Registration Act, 1908. Hence Gajendra needs to apply for registration of gift deed of immovable property and if it is registered by the Registrar than it shall be considered operative from the date of execution.

Topics: Transfer of Property Act

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