JEMTEC MOOT COURT COMPETITION, 2022

Before

THE HONOURABLE CHIEF JUSTICE OF SUPREME COURT OF INDIA

SPECIAL LEAVE PETITION NO. _______ / 2022

IN THE MATTER OF APPELLATE JURISDICTION

AND

IN THE MATTER BETWEEN:

MR. ARJUN GANGULY APPELLANT

versus

MR. GAUTAM GANGULY RESPONDENT

MEMORIALon the behalf ofAPPELLANT

 JEMTEC MOOT COURT COMPETITION, 2022

TABLE OF CONTENTS

S.NO CONTENTS PAGE

NO
1. List of Abbreviation II

2. Index of Authority III

3. Statement of Jurisdiction VI

4. Statement of Facts VII

5. Issues Raised IX

6. Summary of Arguments X

7. Arguments Advanced XI

8. Prayer for Relief XIX

PAGE | I
MEMORIAL on the behalf ofAPPELLANT INDEX OF AUTHORITY
 JEMTEC MOOT COURT COMPETITION, 2022

INDEX OF ABBREVIATION

ABBREVIATIONS EXPANSIONS

& And

AIR All India Reporter

¶ Paragraph

S. Section

U.P. Uttar Pradesh

Art. Article

IPC Indian Penal Code

SCR Supreme Court Reporter

Cr.P.C., 1973 The Code of Criminal Procedure, 1973

ed. Edition

e.g. exemplis gratia (Latin)

etc. Etcetera

HC High Court

Hon’ble Honorable

i.e. id Est(Latin)

No. Number

Ors. Others

p. Page Number

SCC Supreme Court Cases

u/s Under Section

PAGE | II
MEMORIAL on the behalf ofAPPELLANT INDEX OF AUTHORITY
 JEMTEC MOOT COURT COMPETITION, 2022

INDEX OF AUTHORITIES

CASE LAWS

Case Titles

LEGISLATION

Title of Legislation

1. MAINTAINENCE AND WELFARE OF PARENTS AND SENIOR CITIZENS ACT,

2007
2. THE REGISTRATION ACT, 1908
3. THE TRANSFER OF PROPERTY ACT, 1882
4. CONSTITUTION OF INDIA, 1949

JOURNAL

Title of Journal

All India Reporter (AIR)

Supreme Court Cases (SCC)

PAGE | III
MEMORIAL on the behalf ofAPPELLANT INDEX OF AUTHORITY
 JEMTEC MOOT COURT COMPETITION, 2022

BOOKS

THETRANSFEROFPROPERTYACT-
1. MULLA,THE COMMENTARY ON THE TRANSFER OF PROPERTY ACT (LEXIS
NEXIS BUTTERWORTHS, TENTH EDITION, 2006)
2. R.K. SINHA,THE TEXTBOOK ON TRANSFER OF PROPERTY ACT,1882

 THE CONSTITUTION OF INDIA-

1. D.D. BASU, COMMENTARY ON THE CONSTITUTION OF INDIA, WADHWA,
INDIA, 2007, 8TH EDITION, VOLUME I AND II
2. M.P. JAIN, INDIAN CONSTITUTIONAL LAW, (LEXIS NEXIS EIGHT EDITION,
2018)
3. H.M. SEERVAI, CONSTITUTION LAW OF INDIA, UNIVERSAL PUBLICATIONS,
INDIA, 2004, 4TH EDITION, VOLUME I,II AND III

WEBSITES

Websites link

www.scconline.in
www.manupatra.com
www.indiankanoon.org
www.legalservices.com
www.thelawdictionary.com

PAGE | IV
MEMORIAL on the behalf ofAPPELLANT INDEX OF AUTHORITY
 JEMTEC MOOT COURT COMPETITION, 2022

STATEMENT OF JURISDICTION

The Honorable Supreme Court of India has the jurisdiction to entertain and dispose of the
present case by virtue of Article 136 of the Constitution of India. The Respondent approached
before the Supreme Court through Special Leave Petitioni.e.,

Article 136 provides special leave to appeal by the Supreme Court-

(1) Notwithstanding anything in this Chapter, the Supreme Court may, in its discretion,
grant special leave to appeal from any judgment, decree, determination, sentence or
order in any cause or matter passed or made by any court or tribunal in the territory of
India.

(2) Nothing in clause (1) shall apply to any judgment, determination, sentence or order
passed or made by any court or tribunal constituted by or under any law relating to the
Armed Forces.

PAGE | V
MEMORIAL on the behalf ofAPPELLANT STATEMENT OF JURISDICTION
 JEMTEC MOOT COURT COMPETITION, 2022

STATEMENT OF FACTS

 BACKGROUND

Sri Gautam Ganguly, aged 62, a retired government employee drawing about Rs. 10,000/- per
month as pension. His first wife died in 2010. He lives with Mr. Arjun Ganguly(Son) and Mrs.
Saara (daughter-in-law).In January 2011, When Mr. Gautam expressed his wish to have live in
relationship with Ms. Neelima (aged 45), they both were rudely shocked to listen to his wish.
But later, they relented and requested their father that half share in the property in Hooghly
Estates House, (value was estimated to be Rs.10,00,000/-) should be transferred to them.

 TRANSFER OF PROPERTY

Gautam Ganguly transferred half share in the property to his son in May, 2011 through a
Registered Gift Deed to maintain peace in the family. However, the son and daughter-in-law
started insulting to Ms. Neelima and also does unbearable ill-treatment for more than one year,
thereafter Gautam and Neelima shifted their residence to other premises.

 LEGAL ACTIONS THEREOF

Subsequently in 2013, Mr. Gautam Ganguly lodged a complaint to the Sub-Collector, City of
Kolkata seeking an order to revoke the Gift Deed executed in favor of his son under Sec. 23 of
the Maintenance and Welfare of Parents and Senior Citizens Act, 2007.

 ACTIONS TAKEN BY TRIBUNAL & COURT

In the Tribunal, the Sub-Collector passed an order that ‘elderly parents can take back property
gifted to a son, if he ill-treats them’. This order permits the Complainant that Father to
withdraw the gift deed from his son, since his son is not providing basic needs of both parents.
In the Appellate Tribunal, the District Collector reversed the order of the Tribunal on
‘accepting the argument of son that an accepted gift through registered deed cannot be revoked’
under the provisions of Transfer of Property Act, 1882 read with the Registration Act, 1908.
Thereafter, Mr. Gautam got relief from Calcutta High Court when the High Court restored the
order of the Tribunal. As a last resort, Mr. Ajay (son of Mr. Gautam) preferred a Special Leave
Petition before the Supreme Court.

PAGE | VI
MEMORIAL on the behalf of APPELLANT ISSUE RAISED
 JEMTEC MOOT COURT COMPETITION, 2022

ISSUES RAISED

The following issues have arisen for determination before the Hon’ble Court in the instant
matter:

A. WHETHER THE GIFT DEED IS REVOCABLE OR NOT?

B. WHETHER SECTION 23 MAINTAINANCE OF WELFARE OF PARENTS AND

WELFARE AND SENIOR CITIZENS ACT, 2007 IS MAINTAINABLE OR NOT?

PAGE | VII
MEMORIAL on the behalf of APPELLANT ISSUE RAISED
 JEMTEC MOOT COURT COMPETITION, 2022

SUMMARY OF ARGUMENTS

[I]WHETHER THE GIFT DEED IS REVOCABLE OR NOT?

___________________________________________________________________________
It is humbly submitted by appellant that the Hon’ble Supreme Court has the power to grant
special leave under Article 1362 of the Constitution of India and the petition filed for
revoking registered gift deed is not maintainable. A bona fide gift cannot be revoked.
The Gift Deed is a document, registering the voluntary transfer of a property, movable or
immovable, from a donor (the person giving the gift) to a donee (the person receiving the
gift).

[II] WHETHER SECTION 23 MAINTAINANCE OF WELFARE OF PARENTS AND

AND SENIOR CITIZENS ACT, 2007 IS MAINTAINABLE OR NOT?
___________________________________________________________________________

It is humbly pleaded to the honourable court that sec-23 of maintenance and

welfare of Parents and Senior citizen act is not applicable here as son fulfills all
the basic requirements to the his father, though he insulted him but it does not
mean that deed could be revoked.

2.Article 136 --Special leave to appeal by the Supreme Court;

(1) Notwithstanding anything in this Chapter, the Supreme Court may, in its discretion, grant special leave to
appeal from any judgment, decree, determination, sentence or order in any cause or matter passed or made by
any court or tribunal in the territory of India
(2) Nothing in clause ( 1 ) shall apply to any judgment, determination, sentence or order passed or made by any
court or tribunal constituted by or under any law relating to the Armed Force

PAGE | VIII
MEMORIAL on the behalf ofAPPELLANT ARGUMENTS ADVANCED
 JEMTEC MOOT COURT COMPETITION, 2022

ARGUMENTS ADVANCED

___________________________________________________________________________

[I] WHETHER THE GIFT DEED IS REVOCABLE OR NOT?

___________________________________________________________________________

The Transfer of Property Act clearly mentions the validity of the Gift Deed. According to the
Act, a Gift Deed is valid only if-

 The property mentioned in the Gift Deed must be existent at the time of making
the Gift.
 The Donor of the concerned property must be the lawful owner with a clear title
 The Gift must be voluntary and without coercion
 The Gift must not involve monetary/otherwise consideration
 The Gifted property must be accepted by the Donee

All the above mentioned essentials of a valid Gift deed was present in the present
Gift deed.

Illustration with the help of case law-

Asokan v. Lakshmikuty, (2007) 13 SCC 210. A father executed a registered deed of gift in
favour of his son. He had done it because of love and affection for the son and also to enable
him to live a peaceful life. There was no proof of undue influence. The done remained out of
India for a long time. In the meantime the gift deed remained with the donor and he also kept
paying taxes. There was no mutation for that period in the revenue records. The Supreme
Court held that these circumstances were not sufficient in themselves to show that the
execution of the gift deed was not voluntary. The deed could not be rescinded on the premise
that it was an onerous gift and that the done had failed to fulfil the condition for the gift of
contributing towards the marriage of the donee’s sister the specified sum. Once a gift is
complete, it cannot be rescinded for any reason whatsoever. The subsequent conduct of the
donee is not a ground for rescission of a valid gift
he period of limitation for the revocation of gifts on the ground of fraud, coercion,
misrepresentation or undue influence is three years from the date on which such facts are
PAGE | IX
MEMORIAL on the behalf ofAPPELLANT ARGUMENTS ADVANCED
 JEMTEC MOOT COURT COMPETITION, 2022

known to the plaintiff. The right to revoke the gift on the above mentioned grounds is lost
when the donor ratifies the gift either expressly or by his conduct.

The condition revoking the gift must be express; it should not be merely in the form of a
wish or desire. In other words, the condition on the non-fulfilment of which the donor may
revoke the gift must be expressly laid down in the gift. A gift of certain properties was
executed in lieu of the past and future services rendered by done to donor. But failure of done
to render services to donor or to maintain donor in future, was not specified to be a condition
for revocation of the gift deed. The Himachal Pradesh High Courtheld that since the
condition for revocation of gift upon donee’s failure to render services to the donor was not
laid down in the deed, it was unconditional gift and, therefore, cannot be revoked by the
donor

[II] WHETHER SECTION 23 MAINTAINANCE OF WELFARE OF PARENTS AND

AND SENIOR CITIZENS ACT, 2007 IS MAINTAINABLE OR NOT?
___________________________________________________________________________

It is humbly pleaded to the honourable court that according to section-23 of maintainance and
welfare of parents and senior citizens act , son should fulfill all the basics requirement of
his father and he did so this act is not applicable here according to sec-23, gift deed cannot be
revoked and it is registered too.

It is considered that there is a will of father to give half of his property to his son as a gift
deed which has been registered too.

There is no pressure seen while making the will so, this deed is totally considered as valid
deed.

There is no fraud or coercion seen.

The father did not ask for maintenance as well in exchange of giving gift of a half of the
property so the gift deed is valid without giving any maintenance to him.

PAGE | X
MEMORIAL on the behalf ofAPPELLANT ARGUMENTS ADVANCED
 JEMTEC MOOT COURT COMPETITION, 2022

A deed can be revoked by the mutual consent too but here is no mutual consent takes place so
here is no voidance of deed. There has been acceptance of gift , so gift deed is valid.

PAGE | XI
MEMORIAL on the behalf ofAPPELLANT ARGUMENTS ADVANCED
 JEMTEC MOOT COURT COMPETITION, 2022

PRAYER FOR RELIEF

Wherefore, In light of the facts presented, issues raised, arguments advanced and authorities
cited the Counsel on behalf of appellant humbly pray before this Hon’ble Court that it may be
pleased –

 To overrule the judgement of Calcutta High Court:

The parents can ask for maintenance and incase the maintenance is not provided they can
revoke the gift deed.

 That, the respondent (Mr. Gautam) cannot revoke the registered gift deed of property;
and

 Pass any other order or make directions as the Hon’ble Court may deem fit to meet
the interest of justice, equity and good conscience in the instant case. And for this act
of kindness, the Respondent shall duty bound forever pray. Respectfully Submitted on
Behalf of the Appellant;

COUNSELS FOR APPELLANT

PAGE | 1
MEMORIAL forRESPONDENT ARGUMENTS ADVANCED
 JEMTEC MOOT COURT COMPETITION, 2022

PAGE | 2
MEMORIAL on the behalf ofRESPONDENT PRAYER FOR RELIEF