A delivered possession of a house and executed a gift deed in favour of B. A died without registering the deed. After the expiry of time for registration, A’s heir brings a suit for recovery of possession. B resists the suit. Decide.
As per Sec. 123 of the Transfer of Property Act, 1882, a gift of immovable property shall be made by registration and attestation by atleast two witnesses, within the prescribed period.
In the given problem, B had failed to register the gift deed till the expiry of the limitation period for registration of the deed. Hence B does not acquire a good title to the property.
In this circumstance, B cannot resist A’s heir’s suit for possession. But, if B had enjoyed possession for 12 years in the property, then he gets a prescriptive title by adverse possession. In such a case, he becomes the owner, and can claim the property. In the leading case of Varada pilla Vs. Jeevarathnammal, the Privy Council gave a similar judgement.
So, B cannot resist the suit by A’s legal heirs. However, only if B has adverse possession of the property for 12 years, he can resist the suit.