KHUSHABA MANSING Vs. CHANDRABHAGABAI

JUDGEMENT

(1.) The first point taken in this appeal is a point of law and depends upon the argument that under Secs.122 and 123 of the Transfer of Property Act, there can be no good acceptance of a gift of immoveable property until the transfer has been effected by a registered instrument as required by the law. It seems to matter little whether the acceptance required is the acceptance of the gift or of the transfer. For, as we understand the argument, there is neither gift nor transfer until the transaction is embodied in a registered instrument.

(2.) Now the facts of this case show that, although there was an acceptance by the plaintiff during the life-time of the donor, this acceptance occurred while yet the instrument of gift remained unregistered. We are therefore invited to say that there has been no valid acceptance.

(3.) But the precise point occurred in the case of Nand Kishore Lal V/s. Suraj Prasad (1902) I.L.R. 20 All. 392 where it was held that the gift of immoveable property duly made by means of a registered deed is not invalid merely because registration of the deed of gift may have taken place after the death of the donor, and we are of opinion that we ought to follow that decision.