Kerala HC Rules Gift Deed Requirements Apply to Settlement Deeds

The Kerala High Court has held that the requirements for executing a Gift deed under the Transfer of Property Act also apply to a settlement deed, despite minor differences between the two.

Relying on precedents, the Court clarified that essentials like acceptance and attestation by witnesses, as mandated under Sections 122 and 123 of the Act, are equally applicable to settlement deeds.

The court passed the judgment while upholding the trial court's ruling in favour of a woman who claimed title over property through a settlement deed.

Additionally, the Court held that the defendants were not bona fide purchasers, as they failed to conduct proper due diligence before acquiring the property.