Valid gift of immovable property does not require delivery of possession if the deed is registered and accepted.

A gift of immovable property under the Transfer of Property Act, 1882 is complete when executed by a registered instrument, properly attested, and accepted by the donee during the donor's lifetime. Delivery of possession is not an additional requirement for validity. A donor may reserve possession or enjoyment for life and still validly transfer title and ownership, provided the gift is otherwise complete and accepted. The earlier authority relied upon was distinguished because it involved a conditional instrument and lack of acceptance. Reservation of a life interest, by itself, does not invalidate the gift.

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Issues: Whether a gift of immovable property is invalid merely because the donor reserves to herself possession and enjoyment of the property during her lifetime, and whether delivery of possession is a necessary condition for a valid gift under the Transfer of Property Act, 1882.

Analysis: A conjoint reading of Sections 122 and 123 shows that a gift of immovable property is complete when it is made by a registered instrument signed by or on behalf of the donor, attested by two witnesses, and accepted by or on behalf of the donee during the lifetime of the donor. Section 123 does not require delivery of possession as an additional ingredient for validity. Section 129, as amended, also does not preserve any Hindu law rule making transfer of possession indispensable. A donor may validly transfer title and ownership while reserving possession or enjoyment for life, provided the gift is otherwise complete and accepted. The earlier decision relied on by the appellant was distinguishable because it turned on the conditional nature of the instrument and absence of acceptance.

Conclusion: Reservation of a life interest or enjoyment by the donor does not, by itself, invalidate a gift of immovable property, and delivery of possession is not a sine qua non for a valid gift. The challenge to the gift failed.

Ratio Decidendi: Under Sections 122 and 123 of the Transfer of Property Act, 1882, a valid gift of immovable property requires execution of a registered instrument and acceptance by the donee, but not delivery of possession; the donor may reserve possession or enjoyment for life without affecting the validity of the transfer.

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