AIR 1951 ALLAHABAD 599

Allahabad High Court

Hon'ble Judge(s): Agarwala , J

Transfer of Property Act (4 of 1882) , S.31, S.123, S.126— Deed of gift and condition of revocation in separate documents - Effect. Registration Act (16 of 1908) , S.17(1)(a), S.17(1)(b), S.17(2)(v)— One D executed a deed of gift in favour of one J which was registered. On the same day, the donee executed an unregistered deed of agreement by which it was agreed that the donee would maintain the donor till his death and that if he failed to do so the donor might revoke the deed of gift or in the alternative obtain maintenance allowance: Held that the deed of gift and the agreement formed part of the same transaction. The transaction read as a whole fell within the purview of S.31 and S.126, Transfer of Property Act. The omission to make the payment by the donee agreed upon would constitute the happening of the specified event mentioned in S. 126 and also the happening of the specified uncertain event mentioned in S. 31. The agreement as to the condition upon which the donor was given the right to revoke the deed of gift did not require registration. It was enough that the deed of gift was registered. The donor was therefore entitled to revoke the deed of gift on the donee's failure to maintain him.(Para 5 6 8 12 13) ....