VidhiSangh

Supreme Court of India · 11/02/2020

SRIDHAR & ANR. versus N. REVANNA & ORS.

[2020] 3 S.C.R. 723 · 2020 INSC 165

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Summary

The Supreme Court rejected a challenge to sales made by a donee under a gift from his grandfather. Construing the deed as an absolute gift to the then-living grandson, the Court held its absolute restraint on alienation void under Section 10 of the Transfer of Property Act. References to younger brothers or male descendants who might later be born did not make the gift invalid under Section 13.

Issues

  1. Whether the donee could alienate property despite the gift deed’s restraint.
  2. Whether references to persons who might later be born invalidated the gift under Section 13.

Provisions considered

Held

Result

Plaintiffs’ appeal dismissed; claim for declarations invalidating the donee’s alienations rejected.

Judgment PDF: Supreme Court of India, [2020] 3 S.C.R. 723.