Kalyanasundaram v Kasiammal
Rule established
Unregistered gift deed of immoveable property is void and confers no title; registration is mandatory under S.123
Facts
- Donor executed a gift deed for immoveable property but did not register it
- Donee took possession and claimed ownership based on the unregistered deed
- Validity challenged
Issue
- Whether an unregistered gift deed of immoveable property has any legal effect.
Held
- The gift is void. S.123 mandates registration for gift of immoveable property. An unregistered gift deed confers no title regardless of possession or payment of taxes by the donee.
Ratio Decidendi
S.123 is mandatory ("shall be effected by a registered instrument"). Unlike S.53A (which can protect possession under an unregistered agreement to sell), there is no equivalent protection for unregistered gifts. Registration is the ONLY mode.
How to use it in an exam
Cite for S.123 mandatory registration. Key line: "An unregistered gift deed of immoveable property is a nullity: possession cannot cure the defect."
Source
Source: AIR 1994 Madras 283
This is an educational summary, not the judgment itself. Cite the reported version in professional or academic work.
Cited in study notes
GiftsS.123: mandatory registration for immoveable gifts