Gift Deed Is Not Invalid Merely Because It Was Registered after Donor's Death: Calcutta HC [Read Order]

The Calcutta High Court has held that a deed of gift cannot be said to be invalid only because it was registered after the death of donor.

In this case, the authenticity of a deed of gift was questioned on the ground that it was registered after the death of the donor.

Justice Bibek Chaudhury held that it is not necessary for the validity of a deed of gift that it should be registered by the donor himself. The court referred to an old Calcutta High Court which had held that subsequent registration of a deed of gift after the death of the donor at the instance of the donee did not offend the provisions of Section 123 of the Transfer of Property Act. It said:

"The post-mortem registration of a deed of gift by the legal representative of the donor has the same effect as its registration by the donor himself during his lifetime."

In Bhabotosh vs. Soleiman reported in 33 Cal 584, a man executed a deed of gift in favour of his wife and died, and the deed was subsequently registered at the instance of the widow-donee. Validity of the deed of gift was challenged on the ground that it was registered subsequent to the death of the donor, which was rejected by the High Court. 

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