VidhiSangh

Supreme Court of India · 26/10/2018

S. SAROJINI AMMA versus VELAYUDHAN PILLAI SREEKUMAR

[2018] 13 S.C.R. 554 · 2018 INSC 1005

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Summary

The Supreme Court upheld cancellation of the purported gift deed on the facts of the case. The instrument was admittedly executed for consideration, required the recipient to care for the donor and her husband, and was to take effect after the donor’s death. No completed gift had occurred. The Court distinguished mere reservation of lifetime possession or enjoyment, which by itself does not invalidate an otherwise completed and accepted gift.

Issues

  1. Whether the conditional instrument executed for consideration constituted a completed gift.
  2. Whether retention of lifetime possession alone prevents a valid gift.

Provisions considered

Held

Result

Appeal allowed; High Court judgment and order set aside. Cancellation of the incomplete purported gift was upheld.

Judgment PDF: Supreme Court of India, [2018] 13 S.C.R. 554.