9911796707
TMI Blog1996 (9) TMI 618X X X X Extracts X X X X X X X X Extracts X X X X ..... ister of the first respondent. Motilal Gopalji had executed gift deed, Ex.111 dated May 15, 1965 in favour of the respondent. Thereafter, he had executed another deed, Ex. 198 dated June 9, 1965, cancelling the said gift. He executed a will in favour of the appellant and another brother of the appellant on May 17, 1966. Motilal Gopalji died two days thereafter, i.e., May 19, 1966. Consequently, the respondent laid a suit in the Court of the Civil Judge, Senior Division in Baroda for declaration of his title to the properties and injunction restraining the appellant and her brother from collecting the rents. The trail court decreed the suit. On appeal, it was confirmed. Thus this appeal by special leave. Shri R.P. Bhatt, learned senior co ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ancel the gift and the will executed by Motilal Gopalji was inoperative. We find no force ib the contention for the respondent. It is now well settled legal position that a documents has to be read harmoniously as a whole giving effect to all the clauses contained in the document which manifest the intention of the persons who execute the document. The material part of the gift deed reads as under: The said immovable property as described above with the ground floor and with ways to pass and with the water disposal and with all other concerned rights, titles is gifted to you and the possession whereof is handed over to you under the following conditions to be observed by you and your heirs and legal representatives as long as the ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... led to transfer the said property. I shall not give in any way my right to anybody to collect the mesne profit. You may get transferred the said property in your name in support of this deed. This gift deed is executed to you under the aforesaid conditions. The material part of the cancellation deed reads as under:- I have, on 15-5-65, executed a conditional gift deed of ₹ 9,000/- in words Rupees nine thousand in favour of you. The said deed has been presented in the office of the Sub Registrar, Baroda at Serial no. 2153 of the book no. 1 and it registered on 15-5-65. The description of the property mentioned in the said deed is as under. I executed to you a conditional gift deed of the said property from sky to e ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ile he is still capable of giving. It would thus be clear that the execution of a registered gift deed, acceptance of the gift and delivery of the property, together make the gift complete. Thereafter, the donor is divested of his title and the donee becomes the absolute owner of the property. The question is: whether the gift in question had become complete under Section 123 of the TP Act? It is seen from the recitals of the gift deed that Motilal Gopalji gifted the property to the respondent. In other words, It was a conditional gift. There is no recital of acceptance nor is there any evidence in proof of acceptance. Similarly, he had specifically stated that the property would remain in his possession till he was alive. Thereafter, th ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... name.: Thus he expressly made it clear that he did not hand over the possession to the respondent nor did the gift become complete during the life time of the donor. Thus the gift had become ineffective and inoperative. It was duly cancelled. The question then is: whether the appellant would get the right to the property? It is not in dispute that after the cancellation deed dated June 9, 1965 came to be executed, duly putting an end to the conditional gift deed dated May 15, 1965, he executed his last will on May 17, 1965, and died two days thereafter. The appeal is accordingly allowed. The judgements and decrees of the trial Court and the appellate court stand set aside. Consequently, the suit stands dismissed. No costs. - - TaxTM ..... X X X X Extracts X X X X X X X X Extracts X X X X
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