Headline
The Supreme Court of India announces perpetual service clause in gift deeds as unconstitutional.
Summary
The Supreme Court of India held that a gift deed conditioned on perpetual, unpaid services amounts to forced labor and violates constitutional rights of a person. It stated that such clauses are unlawful , unconstitutional, and contradictory to justice, equity, and good conscience.
Key Facts
- Case Name: Smt. Naresh Kumari & Ors. vs. Smt. Chameli & Ors.
- Judges Name: Justice Sudhanshu Dhulia and Justice Prasanna B. Varale.
- Origin:A 1953 oral gift deed needed donees and successors to render perpetual services to the family of the donor.
- Plaintiffs sued in 1998 to reclaim property, claiming services had come to end.
- SC rejected the appeal, holding that services meant “past services,” not continual obligations.
Legal Insights
The Supreme Court of India stated that the conditions of perpetual service in gifts violate Articles 14, 21, and 23 of the Indian Constitution, which prohibit forced labor. It invoked principles of equity, justice, and good conscience from the Transfer of Property Act, 1872.
Impact
This decision of the Supreme Court safeguards donees from oppressive, unconstitutional conditions, by making sure that his rights to property and dignity are saved.
Why It Matters
The judgment reaffirms the unconstitutionality of forced labor, safeguarding weaker sections from exploitative practices embedded in historical inequities.
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