Name – Arya Vardhan Singh

Roll no – 1983160
Class – BA LLB
Section – B

ASSIGNMENT ON PROPERTY LAW

Problem No. 6
Issue 1 – Whether the son and daughter of A can claim the acquisition of
ownership being the legal heirs of A? [Argument – For]
Section 122 of the Transfer of Property Act, 1882 defines Gift as the transfer of any existing
moveable or immovable property which has been made willingly/voluntarily and without any
kind of consideration by one person who is referred to as the “Donor” and accepted by or on
behalf of the other person who is referred to as the “Donee”. The only condition mentioned in
the section regarding the acceptance of the gift which is that it has to be completed during the
lifetime of the donor. In the above problem A, a widowed woman registered a Deed of Gift in
favour of her tenant B because he took care of her while she was severely ill. The deed of gift
had been already registered relating to her residential house and the only condition was that it
would come into effect after A’s death and while A was alive B would remain as her tenant.
Execution of a gift deed can be divided into three parts –

A. The gift deed should be legally registered.

B. Voluntary Acceptance of the gift.
C. Delivery of the property

Thereafter the donor is completely divested of the title and the done would become the
absolute owner of the property. The above given problem being a conditional gift without any
express or implied acceptance or any evidence of acceptance on behalf of the donee (in this
case the tenant B) the deed of gift would be considered to be incomplete. A Two Judge bench
of the Supreme Court in the case of Naramadaben Maganlal Thakker vs. Pranivandas stated
that the donor being in possession of the said property while he is alive and if the deed of gift
is not completed i.e. the acceptance during his lifetime, the title to the moveable or
immovable property would remain with the donor and the deed of gift might get cancelled.
The Supreme court further stated that the condition i.e. acceptance precedent of a gift defined
in section 122 of the Transfer of Property act, 1882 must be satisfied. Not only is there an
absence of any kind of voluntary consent or acceptance on behalf of the tenant B in the given
case but also the donor – A after being convinced by her son and daughter Y and Z agreed to
file a civil suit for the cancellation of the registered deed of gift. A died after filing the suit in
the court campus but her son and daughter Y and Z respectively being the legal heirs of A
have the right to claim the acquisition of ownership of her residential house based on the fact
that the gift deed had never been complete and thus their civil suit regarding its cancellation
would succeed in the court.