Smt. Vidya v. Smt. Parmila

Facts

• A gift deed was registered in favor of the donee
• The donee took possession and lived in the property for years
• The donee never signed a separate "acceptance" document
• The donor's heirs challenged the gift claiming absence of formal acceptance

Issue

1. Whether acceptance of a gift requires a separate written or express declaration, or can it be implied from conduct.

Held

• Acceptance can be implied. Taking possession of gifted property and exercising ownership rights (living in it, making improvements, paying taxes, asserting title) constitutes implied acceptance. A separate document of acceptance is not required.

Ratio Decidendi

S.122 requires acceptance but does not prescribe the form of acceptance. Acceptance may be express (written/oral declaration) or implied (conduct inconsistent with non-acceptance). The key test is whether the donee's actions demonstrate an intention to accept the gift.