Donor's Acknowledgement In Gift Deed Of Property's Delivery To Donee Is Sufficient Proof Of Gift's Acceptance: Kerala High Court

The Kerala High Court ruled that when a registered deed of gift for immovable property states that the property was delivered to the donee, it is enough to establish acceptance. The Transfer of Property Act doesn't specify a particular mode of acceptance. Justice K. Babu noted that various means could prove acceptance. The court also discussed whether delivering the property is necessary for accepting a gift of immovable property. \r

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It found that Section 123 of the Transfer of Property Act overrides any Hindu Law rule requiring delivery of possession for a gift's completion. The Act states that a gift of immovable property requires a registered instrument. The court emphasized that delivery of possession is not essential for immovable property gifts, as the Act doesn't mention it. \r

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The case involved a gift of land and a house, where the donor reserved the right to live in the house. The court found that since the deed stated the property was delivered to the donee, it proved acceptance, making the gift valid. The subsequent cancellation of the gift was deemed legally invalid.