In the case of Dinabandhu Mondal & Ors v Laxmirani Mondal & Ors, the Calcutta High Court ordered that merely because a gift deed was registered after the death of the owner, it cannot be considered to be invalid. This case arose as the authenticity of the gift deed was in question since it was registered after the death of the donor.
Justice Bibek Chaudhury state that it is not necessary for the validity of a deed of gift that it should be registered by the donor himself. Reliance was placed on an old Calcutta High Court which had held that subsequent registration of a deed of gift after the death of the donor at the instance of the donee did not offend the provisions of Section 123 of the Transfer of Property Act. It said, “The post-mortem registration of a deed of gift by the legal representative of the donor has the same effect as its registration by the donor himself during his lifetime,”
In the case of Bhabotosh vs. Soleiman 33 Cal 584, a man executed a deed of gift in favour of his wife and died, and the deed was subsequently registered at the instance of the widow-donee. Validity of the deed of gift was challenged on the ground that it was registered subsequent to the death of the donor, which was rejected by the High Court.
Judgment/Order Link-Dinabandhu Mondal & Ors v Laxmi Rani Mondal & Ors