Friday, January 28, 2011

WHEN GIFT TAKES EFFECT?


In view of Venkat Subba Srinivas v. Subba Rama', AIR 1928 PC 86 (A) it has been held that a gift would be a valid gift if the gift has been accepted, even though the document may not have been registered at the time of the execution. 

In the above case the court has observed that Section 47 of Registration Act lays down that a registered document shall operate from the time 'from which it would have commenced to operate if no registration thereof had been required or made, and not from the time of its registration. The deed of gift was executed on 20th February 1946, and was registered on 28th March 1946. It, therefore, became operative on 20th February 1946.

Gift takes effect from the date of execution and not from the date of registration.

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