9911796707
TMI Blog1928 (1) TMI 3X X X X Extracts X X X X X X X X Extracts X X X X ..... , 1919. By that deed certain property was transferred to the appellant. The deed was attacked as having been granted and delivered while the grantor was in ill-health and under undue influence; elements of fraud were also introduced. It may be said at once that the whole of these allegations were tested before the Subordinate Judge and, on appeal from the Subordinate Judge, by the District Court, ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ered to the donee. The donee, therefore, in pursuance of that deed delivered to him, proceeded to register the deed and it was registered pending the litigation which had been raised, of which the present appeal is the outcome. The point at issue is thus expressed by the Judges of the High Court: Can a donor of Immovable property, when the gift can only be effected by a registered document, res ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... voke it before the deed was registered. This decision has been overruled by a decision of the Full Bench in Atmaram Sakharam v. Vaman Janardhan 87 Ind. Cas. 490; 27 Bom. L. R. 290; 40 B. 388; A. I. R. 1925 Bom. 210 (F. B.) in which judgment was delivered in October, 1924. 5. That was the position in which the appeal was allowed to this Board. But since this happened, the case of Atmaram Sakhara ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... egistered the deed: Held, that the gift was valid against the adopted son. On delivery of the deed to the donee there was an acceptance of the transfer within Section 122 of the Transfer of Property Act, 1882, and thereupon the gift became effectual, subject to its registration as required by Section 123. 6. Then it records that the case of Atmaram Sakharam v. Vaman Janardhan 87 Ind. Cas. 490; ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... r, is a ground for refusing registration, if the other conditions are complied with. 8. It would be a waste of words and time to go further than that judgment, and it is sufficient to say that it appears to rule the present case. 9. Their Lordships will accordingly humbly advise His Majesty that the appeal should be allowed and the decree of the Subordinate Judge restored, with costs in the ..... X X X X Extracts X X X X X X X X Extracts X X X X
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