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Issues Involved:
1. Whether a donor of immovable property can revoke a gift before actual registration. 2. The effect of subsequent registration against the donor's wishes on the revocation. Detailed Analysis: 1. Whether a donor of immovable property can revoke a gift before actual registration: The primary issue revolves around whether a gift of immovable property, which has been executed and attested but not yet registered, can be revoked by the donor. The court examined the provisions of the Transfer of Property Act, particularly Sections 122 and 123, which define and stipulate the requirements for a gift. Section 122 defines a gift as "the transfer of certain existing moveable or immovable property made voluntarily and without consideration by one person, called the donor, to another, called the donee and accepted by or on behalf of the donee." Section 123 mandates that for a gift of immovable property, the transfer must be effected by a registered instrument signed by the donor and attested by at least two witnesses. The court concluded that until the document is registered, the gift is incomplete in law. The donor retains the right to revoke the gift before it is registered. This is because the act of registration is essential to complete the gift, and until this formality is fulfilled, the donor can resile from the transaction. The court emphasized that the necessity for registration is not merely procedural but a substantive requirement for the completion of the gift. 2. The effect of subsequent registration against the donor's wishes on the revocation: The second issue is contingent on the first. If the donor has the right to revoke the gift before registration, the question arises whether subsequent registration against the donor's wishes nullifies the revocation. The court held that if the donor revokes the gift before registration, subsequent registration cannot affect the revocation. The act of revocation, if done before the completion of the gift (i.e., before registration), remains effective, and the gift cannot be validated by subsequent registration. Conclusion: The court answered the first question in the negative, affirming that the donor can revoke the gift before registration. Consequently, the second question was deemed unnecessary to answer, as the revocation before registration renders any subsequent registration ineffective. The judgment underscores the importance of registration in completing the gift of immovable property and upholds the donor's right to revoke the gift before this crucial step is completed.
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