VASANTHAKUMARI Vs. SAROJINI

JUDGEMENT

(1.) The question involved in this Revision is whether donees under a gift deed, who were made liable to pay certain amounts to certain persons under the terms of the gift deed, are entitled to deposit before the civil court the amounts so payable and get such deposit recorded, when the genuineness of the gift deed itself is disputed by the persons to whom the amounts are to be paid.

(2.) The petitioners in the Revision filed O.P. No. 12 of 2001 on the file of the Court of the III Additional Munsiff, Thrissur, under Section 100 of the Transfer of Property Act, to record the deposit of amounts as per the terms of settlement deed, No. 6148 of 1981, Sub Registrar's Office, Thrissur. The petitioners are the widow and children of late Gangadharan, who died on 21-1-2000. The first respondent is the sister of Gangadharan. Respondents 2 to 5 are the legal representatives of Kalyani, another sister of Gangadharan. The sixth respondent is the foster son of Ammu, mother of Gangadharan. The property in question belonged to Ammu. She executed settlement deed No. 6148/81, Sub Registrar's Officer, Thrissur, in favour of her son Gangadharan. As per the terms of the settlement deed, the donee Gangadharan was liable to pay Rs. 2,000/- to the first respondent, Rs. 2,000/- to the predecessor of responents 2 to 5 and another sum of Rs. 2,000/- to the sixth respondent. Gangadharan was prepared to pay the amounts to the respondents, but the respondents evaded receipt of the amounts. Notice dated 24-4-2000 was issued to the respondents. The first respondent received, the amount and executed a receipt. However, the other respondents were not prepared to accept the amounts. The petitioners sought permission of the court to deposit Rs. 4,000/- payable to respondents 2 to 6.

(3.) Respondents 2 to 6 opposed the prayer in the application. They contended that the application is not maintainable in law. The settlement deed in favour of Gangadharan is not a genuine document. Ammu was under treatment from 1980 onwards and she was not having a sound disposing state of mind. The property dealt with under the settlement deed is worth at least Rs. 5 lakihs. Respondents 2 to 6 further contended that the settlement deed is not binding on them or the property.