Smt. Kartari v. Kewal Krishan and Ors. AIR 1972 HP 117

« »

This is a landmark judgment under Section 122 of Transfer of Property Act, 1882 (TPA) dealing with a property gifted under undue influence.

Bansanti, elderly, frail, vulnerable, and uneducated woman, faced health challenges that affected her mental well-being.
Kartari, her daughter and the plaintiff in this case, had been caring for her.
In 1961, the plaintiff moved to her husband's residence.
- During her absence, a gift deed was formally registered under Section 122 of the TPA, transferring Bansanti's property to the defendants through undue influence.
- Basanti did not remember anything she said and the only thing she remembers is that she was made to sign some transfer deed in favour of the defendants.
Upon learning about this transaction, the plaintiff initiated legal proceedings to regain possession of the property that her mother had gifted to the defendants.

Whether the gift deed was executed without the free consent of the plaintiff and is liable to be cancelled or revoked?

The defendant, as the primary beneficiary, played a significant role in the preparation and registration of the gift deed.
- This involvement alone serves as evidence that he exerted influence over the lady's decisions, resulting in an unfair advantage by depriving the rightful heir, the plaintiff, of the entire estate.
Considering the natural affection, a mother would typically have for her daughter, one not in affluent circumstances, it was incumbent upon the defendants to demonstrate that the lady comprehended the document and that her physical act of signing aligned with an approval of its contents in proper senses.
The execution of the gift deed occurred under undue influence, rendering the agreement void of free and full consent from Basanti.
- Therefore, a valid contract never came into existence.
The defendants cannot establish any legitimate claim under the gift deed.
- As the natural heir of the deceased, the plaintiff is entitled to reclaim possession from the defendants, and the gift deed is subject to being invalidated.

Section 122 of TPA: It deals with the definition of Gift; Gift is the transfer of certain existing moveable or immoveable property made voluntarily and without consideration, by one person, called the donor, to another, called the donee, and accepted by or on behalf of the donee.; Acceptance when to be made.-- Such acceptance must be made during the lifetime of the donor and while he is still capable of giving; If the donee dies before acceptance, the gift is void.
Section 126 of TPA: It deals with When gift may be suspended or revoked: The donor and donee may agree that on the happening of any specified event which does not depend on the will of the donor it shall be suspended or revoked; but a gift which the parties agree shall be revocable wholly or in part at the mere will of the donor is void wholly or in part, as the case may be; A gift also be revoked in any of the cases (save want or failure of consideration) in which, if it were a contract, it might be rescinded.; Save as aforesaid, a gift cannot be revoked.; Nothing contained in this section shall be deemed to affect the rights of transferees for consideration without notice.