Acceptance Of Gift Can Be Inferred By Implied Conduct Of Donee: Supreme Court

The Supreme Court has observed that acceptance of a gift can be inferred by the implied conduct of the donee.Such inference can be ascertained from the surrounding circumstances such as taking into possession the property by the donee or by being in the possession of the gift deed itself, the bench comprising Justices NV Ramana, S. Abdul Nazeer and Surya Kant observed.In this case,...

[Transfer Of Property Act] Protection U/s 53A Available To Person Put In Possession And Has Agreement Of Lease In His Favour: SC [Read Judgment]

The Supreme Court has observed that protection under Section 53A of the Transfer of Property Act, 1882 is available to a person who is put in possession pursuant to an agreement of lease in his favour though no lease has been executed and registered.In this case, the Government acquired a land which belonged to Gaon Sabha Luhar Heri, Delhi. M/s. K.C. Sharma & Co. claimed compensation on...

Condition Restraining Alienation Of Property By Donee In A Gift Deed Is Void: SC [Read Judgment]

The Supreme Court has observed that a condition in the gift deed that the donee shall not alienate the subject property is a void condition as per Section 10 of the Transfer of Property Act.The issue in this appeal was whether the condition imposed in a gift deed that "the donee or his younger brothers who may be born hereafter have no right to alienate the schedule property in any...

Landlord's Derivative Title Has To Be Established When It Is Challenged By Tenant: SC [Read Judgment]

"When the landlord's derivative title is challenged, the same has to be established in some form. "

Transfer Of Property Act Disputes Between Landlord-Tenant Arbitrable? SC Refers To Larger Bench [Read Judgment]

"It is clear that the Transfer of Property Act is silent on arbitrability, and does not negate arbitrability."

Conditional Gifts Are Incomplete Until Conditions Are Complied With; Such Gift Deeds Can Be Cancelled By The Donor: SC [Read Judgment]

‘A conditional gift with no recital of acceptance and no evidence in proof of acceptance, where possession remains with the donor as long as he is alive, does not become complete during lifetime of the donor. When a gift is incomplete and title remains with the donor the deed of gift might be cancelled.’The Supreme Court has held that a conditional gift only becomes complete on compliance...

Dis-honour of Cheques issued by Purchasers as Advance Payment, does not amount an Offence as there is no legally enforceable debt; SC

In a Judgment which would make far reaching consequences in thousands of pending cheque bouncing cases in the Country, Supreme Court of India yesterday held that post-dated cheques issued by the purchasers as an advance payment in respect of purchase orders cannot be considered in discharge of legally enforceable debt or other liability, and the dishonour of such cheques does not amount to...