Law: Transfer of Property Act, 1882

Section: 123

Transfer of Property Act (IV of 1882)---   ----S.123--Gift of immovable property--Non-delivery of possession-­Effect of-- Paternal- grandfather making gift of immovable property to his minor grand-son (respondent) by registered deed--Recital in the deed made that donor had delivered possession to donee--Interest of minor donees father being adverse to him--Donee living with donor who was also bearing his maintenance expenses--High Court holding that to complete gift it was not necessary for grandfather to formally deliver possession of property to donee, for after execution of deed grandfather was to be treated as holding property on behalf of his minor grandson--View upheld by Supreme Court. ORDER SAAD SAOOD JAN, J.--The only question raised in this petition for special leave to appeal is whether the gift made by Abdullah, predecessor-in-interest of the petitioner, in favour of the respondent remained inchoate on account of non-delivery of possession. It may be mentioned that Abdullah was the real paternal-grandfather of…

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