Conflict over requirements for valid gift deed resolved

By Vivek Vashi and Aakriti Khetan, Bharucha & Partners

A full bench of the Supreme Court has clarified and authoritatively laid down the position of law with respect to the essential requirements to make a valid gift in terms of sections 122 and 123 of the Transfer of Property Act, 1882. The judgment came on 17 July in a case that pitted the legal representatives of the late Renikuntla Rajamma against K Sarwanamma.

Vivek Vashi
Vivek Vashi

Facts of the case

Rajamma executed a gift deed in favour of Sarwanamma in respect of property, reserving to herself, during her life, the right to enjoy the benefits arising from the property. Subsequently, around March 1986, Rajamma executed a revocation deed, revoking the gift deed on grounds that included fraud, misrepresentation and undue influence.

Sarwanamma responded by filing a suit for a declaration that the revocation deed was null and void.

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Vivek Vashi is the mainstay of the litigation team at Bharucha & Partners, where Aakriti Khetan is an associate.


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