Gift of immovable property requires registered execution, proper attestation, and acceptance; surrender deed cannot replace a valid transfer.

A gift of immovable property must be made by a registered instrument signed by or on behalf of the donor and attested by at least two witnesses, and acceptance may be inferred from surrounding circumstances such as delivery of the deed. The earlier gift deed in favour of the plaintiff was validly executed and accepted. The later surrender deed failed for want of proper attestation and, on its recitals, merely disowned title rather than conveying any interest. A deed of surrender simpliciter cannot operate as a conveyance of title and could not be treated as a valid gift without the statutory requirements of transfer. The plaintiff's title under the earlier gift therefore remained intact.

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Issues: Whether the deed of surrender executed by the plaintiff was valid and operative so as to extinguish the title previously acquired under the registered deed of gift, and whether the surrender deed could be treated as a valid gift in favour of the defendant.

Analysis: A gift of immovable property must comply with the statutory requirement of a registered instrument signed by or on behalf of the donor and attested by at least two witnesses. Acceptance of the gift by the donee may be inferred from surrounding circumstances, including delivery of the executed instrument. On the facts, the earlier gift deed in favour of the plaintiff had been validly executed and accepted. The later surrender deed did not satisfy the requirement of due attestation and, more importantly, its recitals showed that the plaintiff had disowned title rather than intended to transfer any interest. A deed of surrender simpliciter cannot operate as a conveyance of title, and the document could not be converted into a valid gift in the absence of the statutory ingredients of such a transfer.

Conclusion: The deed of surrender was invalid and ineffective, the plaintiff's title under the earlier gift deed remained intact, and the suit deserved to be decreed in her favour.

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