K.Balakrishnan vs K.Kamalam. & Ors By Shadan Seraj At LEXCLIQ

PETITIONER:

 

K.Balakrishnan

 

RESPONDENT:

 

K.Kamalam. & Ors

Judges – 2

 

BENCH:

Y.K.Sabharwal & D.M. Dharmadhikari

 

Facts :

Donor executed a registered gift-deed of 1/8th share of the property inherited by her from her maternal grandfather in favour of her minor son, appellant (donee) and her daughter Kamalam, respondent.

Later, the donor executed a cancellation deed whereby she cancelled the gift-deed thereafter executed a Will bequeathing the same property comprising her 1/8th share in favour of her daughter, first respondent. The donor then died.

The appellant then filed the suit in the Court of Quilon claiming declaration of his title to the suit property on the basis of the gift-deed and cancellation deed and Will are ineffective and void in law.

The trial court held that the gift deed was invalid as there was no acceptance of gift. The High Court confirming the trial court judgment dismissed the suit of the donee holding inter alia that the terms of the gift-deed do not indicate that any property was transferred thereunder.

Issue:

Whether the gift of the property to the minor was valid?

Judgement:

When a minor donee receives a gift from her parents, no express acceptance can be expected and is possible, and acceptance can be implied, which may be mere silence or any such conduct of the minor donee and other natural guardian as not to indicate any disapproval or repudiation of it.

Gift of property to a minor is held valid.

The judgement of the High Court stands overruled.

References:

-https://www.google.com/amp/s/www.lawnn.com/k-balakrishnan-vs-k-kamalam/amp/

-https://indiankanoon.org/doc/548162/

 

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