Amirdam, minor by her Guardian, and Maternal uncle Muthukumara Chetty vs Muthukumara Chetty

The document the registration of which the plaintiff seeks, to compel is in part a deed of gift (subject to a obligation) and in part an appointment

of a guardian of the person and property of certain minors.

We are unable to uphold the ground on which the District Registrar refused registration. The document so far as it appoints a guardian is not a

document relating to Immovable property within the meaning of Section 21 of the Indian Registration Act any more than a power of attorney

authorizing an agent to collect rents of Immovable property is such a document. Registration, therefore, of that part of the document can be

compelled as against the legal representatives of the executant if the document was really executed by the executant just as its registration could

have been enforced against the executant himself if alive.

But so far as the document is a deed of gift though an onerous one, its registration cannot be compelled either against the donee or his legal

representatives since that would be compelling the donor or his legal representatives to complete an incomplete gift. Ramamintha Iyar v. Gopala

Ayyan ILR 19 M. 433 and Meiyyalu Nadan v. Anjalay ILR 25 M. 672. The remand by the Subordinate Judge in order to have the question as to

the genuineness of the document decided is correct. If the document is found to be genuine, the. District Munsif should order it to be registered but

with the proviso that the registration is to take effect only so far as the document is one appointing a guardian. The effect of this will be that the

document so far as it is a deed of gift will not take effect as a registered deed of gift for the purposes of the Transfer of Property Act. The deeds of

gift in favour of the daughters referred to in the document before us being admittedly unregistered and the contemplated gift in favour of respondent

also failing for want of registration, the question, as to whether the document will take effect as an appointment of the respondent as guardian of the

minors is one which it is unnesessary to decide in this suit. The costs of this appeal will be costs in the cause.