R.Manonmani vs Divisional Development on 11 October, 2007
14.Mr.R.Vijayakumar, learned counsel, appointed as Amicus Curiae has
brought to the notice of this Court a judgment of the Calcutta High Court in
Hari Pada v. Elokeshi Devi (AIR 1940 Calcutta 254) wherein, the learned Judge of
the Calcutta High Court has held that Section 123 of the Transfer of Property
Act is applicable to the Hindus and it applied to the Hindus even before the
amending Act 20 of 1929 was passed. Therefore, the rule of Hindu law relating to
the formalities of a valid gift must be deemed to be abrogated by Section 123 of
the Transfer of property Act, and no gift inter vivos of an immovable property
can be validly made after the passing of the Act except by a registered document
as contemplated by Section 123 of the Transfer of Property Act.