SATYANARAYANA MODI Vs. CONTROLLER OF ESTATE DUTY DELHI AND RAJASTHAN NEW DELHI
LAWS(SC)-1969-7-17
SUPREME COURT OF INDIA (FROM: RAJASTHAN)
Decided on July 31,1969

SATYANARAYANA MODI Appellant
VERSUS
CONTROLLER OF ESTATE DUTY DELHI AND RAJASTHAN, NEW DELHI Respondents

JUDGEMENT

- (1.) Purnabai widow of Sagarmal Mody held on April 1, 1953 three deposit receipts of the aggregate face value of Rs. 6,26,724-14-0 with the State Bank of Bikaner. By her letter dated July 22, 1952 Purnabai informed the Bank that she intended to make a gift of the amounts of two out of the three receipts to Suryakant son of her adopted son Satyanarayana, and requested that the receipts be renewed for three months in the joint names of "Purnabai Sagarmal Mody and/or Suryakant S. Mody - payable to either or survivor." and that the renewed fixed deposit receipts be sent to Satyanarayana at Bombay. Pursuant to this letter two fresh receipts were issued on August 3, 1953 for Rs.5,00,000 and 45,793-4-0. It appears that a receipt for Rs. 80,931-10-0 was previously obtained in the joint names of Purnabai and Suryakant on July 4, 1953.
(2.) On August 16, 1953 Purnabai executed a deed of gift in favour of Suryakant in respect of the three receipts containing the following recitals: "Out of natural love and affection I have towards the said Suryakant son of Satyanarayana I hand over to the said Satyanarayana as the father and natural guardian of the said Suryakant Fixed Deposit receipts total for Rs. 6,26,724-14-0. * * * * F. D. R. No. 222/8293, dated 3rd August, 1953 for Rs. 45,793-4-0, F. D. R. No. 221/8292, dated 3rd August, 1953 for Rs. 5,00,000 of the Bank of Bikaner Ltd., Jaipur and F. D. R. No. 11446, dated 4th July, 1953 for Rs. 80, 931-10-0 of Bank of Bikaner Ltd., Jhunjhunu in the name of Purnabai Sagarmall and Suryakant Satyanarayana Mody payable to either or survivor as and by way of gift to the said Suryakant on the 15th day of August 1953 and that the said Satyanarayana for and on behalf of and as the natural guardian of the said Suryakant accepted the said gift of Rs. 6,26,724-14-0 * * * gifted by me as aforesaid." The gift deed contained a confirmation by Satyanarayana that he had accepted the gift for and on behalf of and as natural guardian of Suryakant, "to the intent and effect that the said Suryakant shall be the absolute owner of the sum gifted."
(3.) On August 17, 1953 Purnabai addressed a letter to the Manager of the Bank enclosing a copy of the declaration of gift and intimated that her grandson Suryakant was the sole owner of the amount of the two fixed deposit receipts and till Suryakant S. Mody attained the age of majority the receipts should remain in the joint names as they then stood.;


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