Whether mentioning of Rs.5,000/- for purpose of valuation can be said to be consideration received by donor for executing gift deed?

 As there is a serious dispute with regard to
receipt of consideration of Five Thousand Rupees for
executing the gift deed, we have carefully perused the
copy of the gift deed which is placed on record. A

perusal of the gift deed makes it clear that what is
mentioned on the first page of the document, is the
valuation of the property for the purpose of stamp duty
and registration charges which is arrived at Rs.5,000/-,
but not the consideration received by the donor for
executing the gift deed. The gift deed is correctly
interpreted by the Trial Court and the First Appellate
Court. But by misconstruing the same, the High Court has
held that gift was evidenced by a consideration amount
of Rs.5,000/-. It is true that if the gift is evidenced
by consideration,same cannot be valid one within the
meaning of Section 122 of the T.P. Act. But it is clear
from the document itself that no consideration is
passed on as per the registered gift deed. Mentioning of
Rs.5,000/- in the first page, for the purpose of
valuation, cannot be said to be a consideration received
by the donor for executing the gift deed.
REPORTABLE
IN THE SUPREME COURT OF INDIA
CIVIL APPELLATE JURISDICTION
CIVIL APPEAL NO. 2361 OF 2019
[Arising out of S.L.P.(C) No.36299 of 2016]

Jagdish Chander  Vs Satish Chander And Ors.
Dated:February 27, 2019

R. Subhash Reddy, J.

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