Gift without transfer of posSession
No provision in law that ownership in property cannot be gifted without transfer of possession of such property
Transfer of Property Act, 1882, Section 122 - Gift - Whether a document in terms whereof the executant of the document retained possession and reserved her right over the property being the subject-matter of the document could be a deed of gift or whether such a document was a document in the nature of a will? - There is no provision in law that ownership in property cannot be gifted without transfer of possession of such property - However, the conditions precedent of a gift as defined in Section 122 of the Transfer of Property Act must be satisfied.
Held on facts,In the instant case, admittedly, the deed of transfer was executed for consideration and was in any case conditional subject to the condition that the donee would look after the petitioner and her husband and subject to the condition that the gift would take effect after the death of the donor. We are thus constrained to hold that there was no completed gift of the property in question by the appellant to the respondent and the appellant was within her right in cancelling the deed.
The fact that the donor had reserved the right to enjoy the property during her lifetime did not affect the validity of the deed
The fact that the donor had reserved the right to enjoy the property during her lifetime did not affect the validity of the deed - A gift made by registered instrument duly executed by or on behalf of the donor and attested by at least two witnesses is valid, if the same is accepted by or on behalf of the done - Such acceptance must, however, be made during the lifetime of the donor and while he is still capable of making an acceptance .
Facts, a Hindu woman executed a registered gift deed of immovable property reserving to herself the right to retain possession and to receive rent of the property during her lifetime. The gift was accepted by the donee but later revoked. Renikuntla Rajamma v. K. Sarwanamma, (2014) 9 SCC 445