S NAGA LINGESWAR RAO Vs. J VENKOBA RAO

JUDGEMENT

(1.) This civil revision petition is filed against order dated 7.6.2011 in OS No. 71 of 2008 on the file of the learned Senior Civil Judge, Gooty, Anantapur District, whereby he has refused to mark gift deed dated 1.11.2006, presented by the petitioner, in evidence. The respondent filed OS No. 71 of 2008 for declaration that he is the sole legal heir of late Parvathi Bai, w/o. Pullaiah, and entitled to receive the amount deposited by her in Monthly Income Scheme A/c. No. 40093 in Sub-Post Office, Yadiki in preference and excluding the nominee, who is the defendant in the suit. He also sought for a consequential injunction restraining the defendant from claiming the said amount as nominee. During the trial, the petitioner, who is the defendant, sought to mark gift deed, dated 1.11.2006, wherein Smt. J. Parvathi Bai purportedly gifted the amount lying in Account No. 40093, with respect to which the respondent filed the suit. When an objection was raised by the respondent to the admissibility of the document on the ground that the same being a gift has not been registered, the lower Court has accepted the said objection and refused to admit the same into evidence. The order of the lower Court shows that the petitioner has pleaded that since the gift deed pertains to a movable viz., amount lying in post office, it does not require registration. In support of this plea, the petitioner has relied on the judgment in Perumal v. Permul.

(2.) The need for registration of a document would arise if any immovable property, value of which is Rs. 100/- and above, is sought to be conveyed either by way of gift or non-testamentary instrument in view of Section 17 of the Registration Act, 1908. The law does not require that an instrument of transfer of movables needs to be registered. In Perumal's case , a Division Bench of Madras High Court, in categorical terms, held that where a gift of immovables and movables was made under unregistered document, the instrument to the extent of movables is valid even in the absence of registration. This legal position is not disputed by Sri K.S. Gopala Krishnan, learned Counsel for the petitioner.

(3.) In view of the above settled legal position, the order of the lower Court is set aside. The lower Court is directed to admit the gift deed, dated 1.11.2006, into evidence to the extent it relates to the money lying in Account No. 40093 of Sub-Post Office, Yadiki, Anantapur District.