BHABATOSH BANERJEE Vs. SOLEMAN

JUDGEMENT

(1.) One Kaliprasanna Banerjee executed a deed of gift, which has been found by both the Lower Courts to be a valid deed of gift, in favour of his wife Jagat Mohini. He died the next day. The deed was subsequently registered at the instance of his widow Jagat Mohini. She then sold the property in question to the defendant. The plaintiff, as the reversionary heir of Kaliprasanna, brings this action to recover possession of the property, and the only question we have to decide is, whether in the circumstances the deed was validly registered.

(2.) It is urged for the appellant that the deed in question is not a "registered instrument" within the meaning of Section 123 of the Transfer of Property Act. Section 123 runs as follows .---"For the purpose of making a gift of immovable property, the transfer must be effected by a registered instrument signed by or on behalf of the donor, and attested by at least two witnesses." If we look at the definition of the term "registered" given in Section 3 of the Act, we find it means registered in British India under the law for the time being in force regulating the registration of documents. Passing to Section 4 of the Act, it appears that Section 123 of the Transfer of Property Act is to be read as supplemental to the Indian Registration Act of 1877. It is urged for the appellant that "registered" there means registered by the donor, and that in the absence of such registration by the donor the deed of gift in the present case was incomplete, perhaps I might say inchoate only, and therefore could have no legal effect.

(3.) I am unable to take that view, and I am supported by the decision in Wand Kishore Lal v. Suraj Prasad (1898) I.L.R. 20 All. 392. To determine whether the deed of gift was a "registered instrument" or not, we must refer to Section 35 of the Indian Registration Act. That section says, after "providing for other cases as regards the admission of execution: "If the person executing the document is dead, and his representative or assign appears before the registering officer and admits the execution, the registering officer shall register, etc." Now, assuming for a moment that the widow was the representative of the executant of the document, within the meaning of Section 35, we have the fact that she appeared before the registering officer, admitted the execution, and it must be taken that the deed was properly registered.