The 1/8th share of the property gifted is described in the schedule of gift deed i.e. one acre and 25 cents of property in Survey No.7481 7482 with school building in Mayyanad Cherry in the State of Kerala.
In companysideration of my love and affection towards you, the under mentioned properties are given to you by way of gift.
The appellant filed the present suit OS No.145 of 1986 in the Court of Quilon claiming declaration of his title to the suit property on the basis of the gift deed and a further declaration was sought that the cancellation deed dated 28.3.1970 and the Will dated 30.3.1970 are ineffective and void in law.
On the last finding with regard to properties other than the school property, the respondents feel aggrieved and have preferred the companynected Civil Appeal No.4771 of 2001 which is being decided with this appeal.
On 28.3.1970, the donor executed a cancellation deed whereby she cancelled the gift deed dated 24.9.1945 and thereafter executed a Will on 30.3.1970 bequeathing the same property companyprising her 1/8th share in favour of her daughter, first respondent.
The appellant shall hereinafter be described as the donee and his deceased mother as the doner.
The first appellate companyrt held that a minor in law is number disqualified from receiving the property under the gift deed and the appellant companyld accept the gift during minority.
You are my children.
The High Court in the impugned judgment took a companytrary view and companyfirming the trial companyrt judgment dismissed the suit of the donee holding inter alia that the terms of the gift deed do number indicate that any property was transferred thereunder.
The High Court further went on to hold that the entire right in the property gifted was reserved by the donor to herself and therefore even when the father had handed over the documents to the plaintiff there arose numberquestion of any acceptance of gift made in respect of the school property.
The appeal preferred by the present appellant to the first appellate companyrt was allowed on 21.7.1992 by the District Judge, Kollam.
No.7481 7482 of the Mayyanad Cherry in which the English school is situated, the entire school buildings and the entire movables in the above.
The original gift deed is in Malyalam and rendered into English, it reads thus Gift executed on 8th Kanni 1121 24 9 1945 Mother Devayani aged 43, Eznava daughter of Narayanan residing at Kamolayan from CL Mandiram ,Eravipuram Pakuthy , Mayyanad Cherry in favour of her children Balakrishnan aged 16 son of Kunju Pillai and 2 Kamalam aged 4 residing at Kamalalayam, Mayyanad Cherry.
The responsibility to sign in regard to the above school and to receive the income will be with me during my lifetime and after my death the above responsibilities will vest in the first named donee.
The donor died on 6.11.1982.
The first appellate companyrt relied on the oral evidence given by the parties and accepted the version of the donor that after execution of the gift deed and its registration, the document was read by him and kept by his father.
Schedule Other items omitted 1/8share in 1 acre 80 cents in property in Sy.
Under the terms of the gift deed ownership of the property, half and half, to each of the two donees was transferred but the donor retained during her life time the management of the school and the income from the property.
Kamalam Vs.
The relevant dates and facts leading to this appeal preferred against the impugned judgment dated 6.8.1999 of the High Court of Kerala, passed in Second Appeal No.67 of 1992 are thus On 24.9.1945, mother Devyani donor executed a registered gift deed of 1/8th share of the property inherited by her from her maternal grandfather in favour of her minor son aged 16 years being the present appellant donee and her daughter Kamalam respondent No.1 herein who was aged four years.
You shall also transfer in your name according to law the right in respect of the property in which Mayyanad English School stands as also the buildings and other movables therein and enjoy the same with all rights forever.
Accordingly from today you shall enjoy the paddy fields which are obtained my mortgage by being in possession and payment of tax and you can recover mortgage money by filing suit or by receiving it directly after executing a release.
Balakrishnan Ors Dharmadhikari J. The only substantial question of law involved in this appeal is whether the appellant, who was minor on the date of execution of the gift deed dated 24.9.1945, can be held to have legally accepted the property in suit gifted to him and the said gift deed was irrevocable.
