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Gift Deed Is Not Invalid Merely Because It Was Registered after Donor's Death

In SA 596 of 2008, Dinabandhu Mondal vs Laxmi Rani Mondal, the authenticity of a deed of gift was questioned before the Calcutta High Court on the ground that it was registered after the death of the donor.

The Calcutta High Court observed that in an old ruling of the court in Bhabotosh vs. Soleiman reported in 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. Based on the said earlier judgment, the court held that a deed of gift cannot be said to be invalid only because it was registered after the death of donor.

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