Supreme Court of India · 1966-09-06
KUPPUSWAMY CHETTIAR vs A.S. P. A. ARUMUGAM CHETTIAR AND ANOTHER
- Citation / case number
- SC 1964/90553
- Court
- Supreme Court of India
- Petitioner
- KUPPUSWAMY CHETTIAR
- Respondent
- A.S. P. A. ARUMUGAM CHETTIAR AND ANOTHER
- Bench
- BACHAWAT, R.S.
Judgment text excerpt
The Supreme Court held that a release deed executed without consideration can effectively transfer title, as long as it is registered and attested by more than two witnesses, thus operating as a gift. The Court found that the appellant failed to prove misrepresentation regarding the deed. It was established that a deed of release can transfer title to a person who previously had no interest in the property, thereby clarifying that such a deed does not merely enlarge existing interests but can convey ownership outright under the Transfer of Property Act, 1882, Section 123.