LAW FOR ALL

The word "execution" is not defined in any enactment. = There is a general perception that, once a document is presented before a Registrar, and the executant thereof, admits his signature, or thumb impression thereon, the Registrar has no option, but to register the document. In other words, even if the executant pleads ignorance of the contents, or urges that his signature was taken on a blank paper and that legal obligations, which he did not subscribe to, were incorporated therein, the Registrar cannot refuse registration.- the expression "person executing" is not identical with the expression "person signing". It was observed, that the words, 'person executing', "... mean something more, namely, the person, who by a valid execution enters into obligation under the instrument."- "The mere fact that the signature on the document was admitted is not treated as execution of the document so as to make it the imperative duty of the Registrar to register the document. The admission of signature therein cannot be taken to be conclusive and as constituting admission, of execution of the document." :a gift made by a Muslim, that delivery of possession is treated as an independent requirement, the same becomes relevant as regards gifts governed by Section 123 of the TP Act also in the context of ascertaining the consent of the party to the transaction. A transfer through gift becomes complete, only when it is made by the donar and accepted by the donee. If what is gifted is an item of immovable property, acceptance can be discerned from the act of delivery of possession. In case, the property is in possession of a tenant, the delivery can be affected through attornment of tenancy. If the donar and donee reside in the gifted premises, no independent act of delivery possession becomes necessary. Where, however, the property is in possession of a different individual and no specific acts of bringing the possession under the control of donee are taken, the effectiveness of acceptance of the gift suffers a dent.