1928 (1) TMI 3

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....to set aside a certain deed executed by the deceased plaintiff on the 26th June, 1919. By that deed certain property was transferred to the appellant. The deed was attacked as having been granted and delivered while the grantor was in ill-health and under undue influence; elements of fraud were also introduced. It may be said at once that the whole of these allegations were tested before the Subor....

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.... deed, the facts in this case are clear : the deed itself was, as stated, delivered to the donee. The donee, therefore, in pursuance of that deed delivered to him, proceeded to register the deed and it was registered pending the litigation which had been raised, of which the present appeal is the outcome. The point at issue is thus expressed by the Judges of the High Court: Can a donor of Immov....

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....not completed until the deed had been registered. Therefore, the donor could revoke it before the deed was registered. This decision has been overruled by a decision of the Full Bench in Atmaram Sakharam v. Vaman Janardhan 87 Ind. Cas. 490; 27 Bom. L. R. 290; 40 B. 388; A. I. R. 1925 Bom. 210 (F. B.) in which judgment was delivered in October, 1924. 5. That was the position in which the appeal ....

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....d it to the donee. On the following day he adopted a son, Three days later he registered the deed: Held, that the gift was valid against the adopted son. On delivery of the deed to the donee there was an acceptance of the transfer within Section 122 of the Transfer of Property Act, 1882, and thereupon the gift became effectual, subject to its registration as required by Section 123. 6. Then it ....