K. Balakrishnan vs. K.Kamalam

 K. Balakrishnan vs. K.Kamalam

BY AISHWARYA AGRAWAL

Bench: Y.K.Sabharwal & D.M. Dharmadhikari

Judges: 2

Citation: (2004) 1 SCC581

Case No: Appeal (civil) 1036 of 2000

Section and the Act: Section 6, 122, 123, 126, 127 of the Transfer of property act, 1872.

 

Facts of the:

  • Donor executed a registered gift-deed of 1/8th share of the property inherited by her from her maternal grandfather in favour of her minor son, appellanr(donee) and her daughter Kamalam, respondent.
  • Later, the donor executed a cancellation deed whereby she cancelled the gift-deed thereafter executed a Will bequeathing the same property comprising her 1/8th share in favour of her daughter, first respondent. The donor then died.
  • The appellant then filed the suit in the Court of Quilon claiming declaration of his title to the suit property on the basis of the gift-deed and cancellation deed and Will are ineffective and void in law.
  • The trial court held that the gift deed was invalid as there was no acceptance of gift. The High Court confirming the trial court judgment dismissed the suit of the donee holding inter alia that the terms of the gift-deed do not indicate that any property was transferred thereunder.

Issue:

Whether gift of the property to minor was valid?

Judgement:

  • When minor donee receives a gift from her parents, no express acceptance can be expected and is possible, and acceptance can be implied, which may be mere silence or any such conduct of the minor donee and other natural guardian as not to indicate any disapproval or repudiation of it.
  • Gift of property to minor is held valid.
  • The judgement of High Court stands overruled.

 

Aishwarya Agrawal is a student pursuing B.A.LL.B from Hidayatullah National Law University, Raipur and is passionate towards the field of Law. 

 

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