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Issues:
1. Construction of gift deed dated September 9, 1947. 2. Validity of creation of interest in the property in question in favor of respondent in view of Section 13 of the Transfer of Property Act, 1882. Construction of Gift Deed: The case involved a dispute between two brothers over the partition of properties based on a gift deed executed in 1947. The donor retained property survey No.306 for her livelihood till her demise, after which the appellant was to become the absolute owner. The appellant contended that the respondent had no right over the property. However, the courts held that the intention of the donor was for all male children of her brother to be joint holders of the properties, including survey No.306. The document as a whole indicated this intention, and the gift deed was properly construed by the lower courts. Validity of Interest Creation: The second issue revolved around the interpretation of Sections 13 and 20 of the Transfer of Property Act. Section 13 deals with the transfer for the benefit of unborn persons, while Section 20 addresses when an unborn person acquires a vested interest. The appellant argued that the interest created under the gift deed was invalid as it did not extend to the whole property for the benefit of the unborn male child, the respondent. However, the court held that Section 20 allows for the creation of an interest for an unborn person, and in this case, the respondent became entitled to the property upon his birth. The court found no merit in the appellant's contention and dismissed the appeal, leaving the parties to bear their own costs. In conclusion, the judgment upheld the lower court's decision, emphasizing the importance of interpreting the gift deed in its entirety and applying the relevant provisions of the Transfer of Property Act to determine the validity of the interest created in the disputed property.
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