A made a gift of a house in favour of B and handed over the deed to B. But before presenting the same for registration A died and C, the son of a A opposed the registration. Will B succeed in getting the deed registered

CS Executive · Economic and Commercial Laws · PYQS · June 2021
A made a gift of a house in favour of B and handed over the deed to B. But before presenting the same for registration A died and C, the son of a A opposed the registration. Will B succeed in getting the deed registered before the registration? With the support of case laws decide under Registration Act, 1908.

Answer & Explanation:

The facts of the case are similar to the case of Kalyan Sundaram Pillai v. Karuppa Mopanar, AIR 1927 PC 42 where the Privy Council held that 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 a person having necessary interest within the prescribed period the Registrar must register it. Neither death nor the express revocation by the donor, is a ground for refusing registration, provided other conditions are complied with. In view of the above, B will succeed in getting the deed registered.

Topics: Registration Act, 1908

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