a Decree can be executed against the Universal Donee who holds property , with out adding him as a party directly in the money suit - Gift Deed held as nominal one. -2015 A.P. (1977) msklawreports
NOMINAL GIFT DEED
Second defendant who executed the settlement deed in 1958 in favour of the plaintiff was aged 30 years while the plaintiff-donee was 60 years of age. According to him it is against the normal course of human behaviour and is unnatural that a Hindu donor of 30 years of age would settle properties upon the donee who is double his age. Normally speaking a donor settles his properties on a donee who is expected to live longer. The two circumstances which have been pointed out to me are fairly strong. The learned appellate Judge has recorded several circumstances and held that there was hardly any love and affection between the second defendant and the plaintiff.
the universal donee who by reason of a gift enters upon possession of the estate of the deceased donor is a " legal representative" of the deceased within the meaning of S. 2 (11) of the Civil P.C.
which gives a very wide definition of the expression " legal represenative". It has next been observed that apart from a universal donee being a legal representative he takes the estate of the donor subject to his liabilities because S. 128 of the T.P. Act fastens liability upon the universal donee in respect of all debts due by the donor at time of gift though such liability is confined only to the extent of the properties comprised in the gift.
Section 2 (11) , Civil P.C. defines " legal representative" so as to mean " a person who in law represents the estate of a deceased person and includes any person who intermeddles with the estate of the deceased and where a party sues or is sued in a representative character the person on whom the estate devolves on the death of the party so suing or sued".
Therefore, the properties of the second defendant in the hands of the plaintiff could be proceeded against by the first defendant even though the plaintiff was not a party to the suit.