Validity of Gift When the Donor Keeps Possession

  • Shivangi Singh and Deepti Chhabra
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  • Shivangi Singh

    Student at University of Petroleum and Energy Studies, India

  • Deepti Chhabra

    Student at University of Petroleum and Energy Studies, India

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Abstract

The will of the sovereign parliament under which the governments function is a "statute." The executive must take action and the judiciary during the administration of justice must apply the law as prescribed by this manual. There will often be times when the courts will be asked to interpret the words, phrases and expressions used in the law. While this has been explained, in the courts for centuries, they have laid down some guidelines that have come to be known as the "Rules of Interpretation of Laws" The interpretation of principles is a science in itself. An ordinance is a law of the legislature and a means of interpreting or establishing it is to seek the intent of the maker. The provisions of the law must be taken in accordance with the intent of the author to do so. Translation has two types- grammar and language. The definition of a system is achieved by pointing to the rules of speech in terms used in the law; in other words, it only looks at the oral expression of the legislature. Logical interpretation empowers the purpose of the legislature by considering other circumstances permitted in terms of the rules set out in this regard. In this paper the case of Renikuntla Rajamma v. K. Sarwanamma, (2014) 9 SCC 445 in this case, the Plaintiff had applied for the withdrawal of the gift title deed because the donor had the right to enjoy his or her benefit during his or her lifetime as illegal and void ab initio. It has also been reviewed with the translation law used in the latest case. And, last but not least, researchers have provided conclusions. stating that a gift once registered cannot be revoked or suspended without consent by agreement or by withdrawal as contracts.

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Research Paper

Information

International Journal of Law Management and Humanities, Volume 4, Issue 4, Page 477 - 487

DOI: https://doij.org/10.10000/IJLMH.111251

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