The SC held that the oral gift executed in 1953 was valid. The ...

Oral gift of immovable property valid despite donor's demise shortly after.

December 23, 2024

Case Laws     Indian Laws     SC

The SC held that the oral gift executed in 1953 was valid. The gift was for past services rendered and did not impose any future obligation on the donees. All conditions for a valid gift under the Transfer of Property Act, 1882 (TPA) were met - the subject matter was immovable property, there was no consideration, and the gift was accepted by the donees upon taking possession. Section 127 of TPA permitting onerous gifts was not applicable. The donor's demise shortly after the gift precluded any further services by the donees. The plaintiffs failed to substantiate their claim of denial of services. Consequently, the SC dismissed the appeal against the impugned judgment upholding the validity of the gift.

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