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Ramamirtha Ayyan Vs. Gopala Ayyan - Court Judgment

LegalCrystal Citation
SubjectProperty
CourtChennai
Decided On
Judge
Reported in(1896)ILR19Mad433
AppellantRamamirtha Ayyan
RespondentGopala Ayyan
Excerpt:
transfer of property act - act iv of 1882, section 123--registered gift of land--natural love and affection--donor retracts consent prior to registration--compulsory registration--effect of. - .....123 of the transfer of property act, and that it only operates upon registration. in this ease the deed of gift was not registered until the sale had been completed and, therefore, was not effectual as against the deed of sale.2. we are further of opinion that a deed of gift being a voluntary transfer remains nudum pactum until the donor has done all that is necessary to make it legally complete. to do so, it is necessary, inter alia, that it should be registered; but he can be no more compelled to register the deed than to execute it in the first instance. the registration of the present deed contrary to the supposed donor's wishes, which was ordered by the registrar, was therefore void. we accordingly hold there was no gift, and reverse the decision of the subordinate judge and restore.....
Judgment:

1. We have no doubt that a deed of gift is not complete until it has been registered as required by Section 123 of the Transfer of Property Act, and that it only operates upon registration. In this ease the deed of gift was not registered until the sale had been completed and, therefore, was not effectual as against the deed of sale.

2. We are further of opinion that a deed of gift being a voluntary transfer remains nudum pactum until the donor has done all that is necessary to make it legally complete. To do so, it is necessary, inter alia, that it should be registered; but he can be no more compelled to register the deed than to execute it in the first instance. The registration of the present deed contrary to the supposed donor's wishes, which was ordered by the Registrar, was therefore void. We accordingly hold there was no gift, and reverse the decision of the Subordinate Judge and restore that of the Munsif. The appellant's costs in this Court and in the first Appellate Court must be paid by the respondent.


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