Supreme Court of India · 1996-12-02
BABY AMMAL vs RAJAN ASARI
- Citation / case number
- SC 1996/78644
- Court
- Supreme Court of India
- Petitioner
- BABY AMMAL
- Respondent
- RAJAN ASARI
- Author
- G.T. NANAVATI K. RAMASWAMY
- Bench
- G.T. NANAVATI K. RAMASWAMY
Judgment text excerpt
The Supreme Court held that the execution of a gift deed under Section 122 of the Transfer of Property Act does not divest the title and possession from the donor if the donor retains rights to enjoyment during their lifetime. The Court found that the appellant retained ownership of the property as the respondent did not accept possession, thus the High Court's conclusion that the deed constituted a gift was incorrect. The appeal was allowed, reversing the High Court's decision and confirming the trial and appellate courts' rulings.