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Judgment
The appellant claims the property under a deed of gift in her favour executed on the 7th December. It was not registered during the life-time of
the donor, who executed and registered another deed of gift of the same property in favour of the respondents'' predecessor in title on the 15th
December. The appellant presented her deed for registration 3 days before the donor''s death and she stated in her petition that the donor was
unwilling to register it. It was registered after the donor''s death. The gift in favour of the appellant was undoubtedly revoked by the donor and the
registration was against her wishes.
There is therefore, no valid gift if the decision in Ramamritam Gopala Ayyar ILR (1896) M. 433 is right. The appellant''s counsel contends on
the authority of Meyyalu Nadan v. Anjalay ILR (1902) M. 672. Parbati v. Baij Nath Pathak ILR (1912) A. 3 and Kheshaba v. Chandrabhagabai
ILR (1908) B. 441 that the decision should not be followed. The later Madras decision only holds that if the document is registered after the
donor''s death by the legal representative or with his consent, it is not invalid by reason of the registration having taken place after the donor''s
death. There is no inconsistency between this and the case in Ramatnirtam v. Gopala Aiyar ILR (1896) M. 433 which holds that registration
against the wishes of the donor will not render an instrument of gift effective.
The decision in 19 Madras does not in our opinion apply to a case in which the registration was not against the wishes of the donor. We are not
prepared to differ from this decision.
It was also argued that the gift in favour of the Respondent''s predecessor in title is void as it was executed by the donor under undue influence.
It is found as a fact that this was not so.
The second appeal is dismissed with costs.