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(2025) Law Today Live Doc. Id. 19986 = 2025 INSC 388 = AIR 2025 SC 1987 = (2025) 7 SCC 502
(Arising out of SLP (C) No. 698 of 2023)
Decided on: 24.03.2025
Transfer of Property Act, 1882 (4 of 1882), Section 122, 123, 126 -- Gift deed – Completion of -- Unilateral cancellation – Permissibility of -- Delivery of possession is not sine qua non to validate a gift or settlement -- Delivery of possession is only one of the methods to prove acceptance and not the sole method – If the original deed was returned after registration, the fact that it was already acted upon, cannot be altered -- Receipt of the original document by the plaintiff and registration of the same, would amount to acceptance of the gift and the transaction satisfies the requirement of Section 122 of the TP Act -- Once the document is declared as “gift”, Donor/ defendant No.1 had no right to cancel the same unilaterally and the Sub Registrar had no right to register the cancellation deed -- Unilateral cancellation of the document is void and as a natural corollary, the sale deed executed by Donor/ Defendant No.1 / father also is invalid.
(Para 18)