CASE BRIEF

CASE NAME AND CASE LAW:

Sridhar & Anr v N. Revanna & Ors; [Civil Appeal No. 1209 of
2020]; [Section 10 of Transfer of Property Act, 1882]

FACTS:
The Great-grandfather of the plaintiffs – Muniswamappa, and
the grandfather of one of the defendants were absolute owners
of property scheduled for suit. Muniswamappa executed a gift
deed favouring the 1st Defendant (his grandson). A condition
was mentioned in the deed which denied the right to alienate
the scheduled property by the donee and his younger brothers.
A suit was filed by the plaintiff claiming the property and
ownership. The defendant stated that he was in need of money
and was unaware of the legal hindrances upon alienation of the
suit property.

ISSUE:
Whether a donee has a right to alienate property arising out of
a gift deed and a condition restricting that is binding in law?

JUDGEMENT:
The Supreme Court on 11 February, 2020 led by a two judge
bench of Ashok Bhushan and Navin Sinha held that the gift
deed was certain. The court was of the view that the Defendant
had the right to transfer the property received by a gift deed
and also stated that the High Court erred in its holding and the
order was accordingly set aside.