6.

Can a donor revoke a gift made by him after delivery of the deed before its

registration?

-Property can be transferred through various means, including sale, will, intestate

succession, or gift. As per Section 122 of The Transfer of Property Act, 1882, a "Gift"

refers to the voluntary transfer of specific existing movable or immovable property from a

donor to a donee, accepted by or on behalf of the donee. The legal instrument formalizing

this transfer is a Gift Deed. The completion of a Gift Deed involves acceptance by the donee,

which must occur before the death of the donor and while the donor is still capable of giving.

For the gift deed to be valid, Section 17 of the Registration Act (1908) mandates

registration. The associated stamp duty for registration varies by state. Section 123 of the

Transfer of Property Act (1882) emphasizes the necessity of registering a gift deed,

especially for immovable property, and outlines the requirements, including signatures of

the donor and donee, attestation by two witnesses, drafting on stamp paper, and subsequent

registration of the stamp paper.

In general circumstances, once a gift has been made, revoking it becomes a challenging

endeavor. However, Section 126 of the Transfer of Property Act, 1882, introduces

exceptions to this rule. Revocation of a gift deed is possible through mutual consent of the

donor and the donee or by rescinding the contract between the involved parties.

If the donor and donee mutually agree on the revocation of the gift deed, it will be

suspended. This suspension can also occur through stipulations specified in the contract, not

solely at the donor's discretion but contingent upon certain conditions. For instance, if a

donor, A, gifts property to B with the condition that B must maintain A until the latter's

demise, and B fails to fulfill this obligation, the gift deed can be revoked. However, a crucial

distinction arises when both the donor and donee agree to allow revocation at the donor's

will, rendering such a gift deed void.

*ADI*
A pertinent case, S. Sarojini Amma v. Velayudhan Pillai Sree Kumar, illustrates the

significance of possession in determining the validity of revocation. The appellant executed

a gift deed, explicitly stating that the property transfer would occur post her death.

However, she canceled the deed before her demise. The Supreme Court, in its decision,

emphasized that since possession of the property had not transferred to the respondent,

reasonable revocation was permitted, as possession is integral to the gift transfer.

Another avenue for revoking a gift deed is through rescinding the contract. A gift deed is

essentially a contract between the donor, intending to gift their property, and the donee,

accepting the possession of said property. If the agreement between the parties is deemed

invalid, the gift deed becomes revocable. Section 10 of the Indian Contract Act, 1872,

emphasizes that agreements are contracts when made with free consent, lawful

consideration, and a lawful object. Therefore, a lack of free consent can render a gift deed

revocable. For instance, if A compels B to execute a gift deed without A's free consent,

such a deed is revocable. Moreover, a minor, not competent to contract as per Section 11 of

the Indian Contract Act, cannot execute a gift deed.

In essence, a genuine gift cannot be capriciously revoked; instead, revocation necessitates

a court decree. Section 126 of the Transfer of Property Act, 1882, provides the legal

framework for the suspension or revocation of a gift deed. Two modes of revocation are

delineated: revocation by mutual agreement and revocation by rescission. The former implies

suspension or revocation upon the occurrence of an uncertain event beyond the donor's

control, expressed in the gift deed. Courts have held that unconditional gifts cannot be

revoked by a donor; however, stipulations in separate mutual agreements can be grounds for

revocation. The latter method involves rescinding the gift deed akin to contract rescission.

Consent obtained through coercion, undue influence, fraud, or misrepresentation, as per

Section 19 of the Indian Contract Act, renders the gift deed voidable at the donor's option.

In case of the donor's demise, revocation based on these grounds must be pursued within

three years of the donor becoming aware. Besides these grounds, there are no other avenues

for revoking a gift deed.

*ADI*
In conclusion, while a donor faces challenges in revoking a gift after the delivery of the

deed but before its registration, legal provisions and case laws offer nuanced pathways for

revocation, emphasizing consent, possession, and the fulfillment of contractual obligations

as pivotal factors in determining the validity of such revocation.

7. Indicate the consequences of an improper attestation.

- Consequences of Improper Attestation:

Proper attestation is crucial, and the consequences of improper attestation can impact the

validity and legal standing of the document. Here's a breakdown:

1. Invalidation of the Document:

- If a document is not properly attested as per the requirements of the Transfer of

Property Act, it may be deemed invalid. This means that the document might not be legally

recognized or enforceable.

2. Challenges to Authenticity:

- Improper attestation opens the door for challenges to the authenticity of the document.

Parties involved in the transaction or other interested parties may question the validity of

the document, leading to legal disputes.

3. Risk of Unenforceability:

- A document with improper attestation may be at risk of being unenforceable in a court

of law. This means that if disputes arise, the document might not serve as a reliable legal

instrument to resolve conflicts or establish rights.

4. Potential Legal Consequences:

- Parties relying on a document with flawed attestation may face legal consequences.

Courts may not uphold the terms of such a document, and individuals involved may find

themselves in a disadvantaged position.

5. Impact on Property Rights:

*ADI*
 - In real estate transactions, where the Transfer of Property Act often comes into play,

improper attestation can directly affect property rights. The transfer of ownership or

other property-related rights may be jeopardized.

Ensuring Proper Attestation:

To avoid these consequences, it's essential to ensure proper attestation. This involves

adhering to the requirements laid out in the Transfer of Property Act, which typically

includes having two or more witnesses present during the signing of the document. Each

witness should have seen the executant (the person executing the document) sign or affix

their mark to the instrument.

Conclusion:

In the world of legal documents and property transactions, proper attestation acts as a

safeguard. It adds credibility to the document and helps prevent potential legal

complications. Understanding and following the rules of attestation outlined in the Transfer

of Property Act is fundamental for ensuring the validity and enforceability of important

documents in various transactions.

8. Name the instrument which will not be valid without attestation under the Transfer

of Property Act.

- According to the Transfer of Property Act, 1882, attestation is required for certain

documents, such as deeds of sale, gift, mortgage, lease, or exchange of immovable property,

to make them legally valid1. Therefore, an instrument which will not be valid without

attestation under the Transfer of Property Act is a gift deed. A gift deed is a legal

document that transfers the ownership of a property from one person to another without

any consideration or payment2. A gift deed must be executed by the donor and attested by

at least two witnesses, and then registered under the Registration Act, 1908 3. Without

attestation, a gift deed will not be valid, and the transfer of property will not be effective.

*ADI*