K BALAKRISHNAN Vs. K KAMALAM

JUDGEMENT

(1.) The only substantial question of law involved in this appeal is whether the appellant, who was minor on the date of execution of the gift deed dated 24-9-1945, can be held to have legally accepted the property in suit gifted to him and the said gift deed was irrevocable.

(2.) The appellant shall hereinafter be described as the donee and his deceased-mother as the donor. The relevant dates and facts leading to this appeal preferred against the impugned judgment dated 6-8-1999 of the High Court of Kerala, passed in Second Appeal No. 671 of 1992 are thus :-

(3.) On 24-9-1945, mother Devyani-donor executed a registered gift deed of 1/8th share of the property inherited by her from her maternal grandfather in favour of her minor son aged 16 years being the present appellant (donee) and her daughter Kamalam (respondent No. 1 herein) who was aged four years. The 1/8th share of the property gifted is described in the schedule of gift deed i.e. one acre and 25 cents of property in Survey Nos. 7481 and 7482 with school building in Mayyanand Cherry in the State of Kerala. Under the terms of the gift deed ownership of the property, half and half, to each of the two donees was transferred but the donor retained during her lifetime the management of the school and the income from the property. The original gift deed is in Malayalam and rendered into English, it reads thus :-