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december 1996

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.

BABY AMMAL vs RAJAN ASARI · Niyam