Supreme Court of India · 2018-10-26
S.Sarojini Amma vs Velayudhan Pillai Sreekumar
- Citation / case number
- AIR 2018 SUPREME COURT 5232
- Court
- Supreme Court of India
- Petitioner
- S.Sarojini Amma
- Respondent
- Velayudhan Pillai Sreekumar
- Author
- Indira Banerjee
- Bench
- Indira Banerjee, Arun Mishra
Judgment text excerpt
The Supreme Court addressed the validity of a document styled as a gift deed executed for consideration, which was to take effect after the donor's death. The Court held that such a document, retaining possession and rights for the donor, does not constitute a valid gift under Section 122 of the Transfer of Property Act, 1882, as it fails to meet the criteria of a voluntary transfer without consideration. The judgment of the Kerala High Court was set aside, affirming the lower court's decree in favor of the appellant.