1928 (1) TMI 3 - HC - Indian Laws

Summary

Issues:
- Validity of a deed of gift of immovable property
- Revocation of a gift before registration of the deed
- Effect of registration on completion of a gift

Analysis:
1. The case involved a deed executed by a deceased plaintiff in 1919, transferring property to the appellant. Allegations of ill-health, undue influence, and fraud were disproved in lower courts. The central issue was whether a donor could revoke a gift of immovable property before registration, especially when the donor had a change of mind.

2. The deed in question was delivered to the donee but not registered immediately. The donor later sought to revoke the gift, leading to a legal battle. The High Court considered whether the donor could obtain an injunction to prevent the donee from registering the deed after the donor's change of heart.

3. The High Court granted leave to appeal based on the potential conflict with established law in India. The key legal question was whether a donor could revoke a gift before registration of the deed, given that the gift was considered incomplete until registration. A previous decision supporting revocation before registration had been overruled by a Full Bench decision.

4. The appeal to the Privy Council was allowed, but a subsequent case endorsed the view that a gift becomes effectual upon delivery to the donee, even before registration. This view was supported by the judgment in Kalyanasundaram Pillai v. Karuppa Mooppanar, which emphasized acceptance of the transfer upon delivery.

5. The Privy Council noted that registration of a deed does not depend on the donor's consent but is a legal act. The act of registration, if all conditions are met, cannot be refused even in cases of donor's death or express revocation. The judgment in this case aligned with the principles established in previous decisions.

6. Ultimately, the Privy Council advised allowing the appeal, restoring the decree of the Subordinate Judge, and awarding costs. The judgment emphasized the importance of delivery and acceptance in completing a gift of immovable property, regardless of the timing of registration.