Gift Deed Mandating Perpetual, Unpaid Services by Donee Constitutes Forced Labour and Is Unconstitutional: Supreme Court
The Supreme Court, in Smt. Naresh Kumari & Ors. v. Smt. Chameli & Ors., held that a gift deed requiring perpetual, unpaid services amounts to forced labour or "begar," which is unconstitutional under Articles 14, 21, and 23 of the Indian Constitution.
The case involved a 1953 oral gift deed that conditioned land transfer on the donees and their successors providing indefinite services. In 1998, the donor’s successors sought to reclaim the property, alleging cessation of these services. After the Punjab and Haryana High Court overturned the trial court’s decree in favor of the plaintiffs, the matter reached the Supreme Court.
The Court contextualized the case within historical practices of landlords using conditional land gifts to evade anti-zamindari laws. It observed that the plaintiffs, having left the village, had no grounds for enforcing the condition, especially since the defendants had peacefully possessed the property for decades. It also noted the lack of specific details regarding the alleged "services" in the plaint or the gift deed.
While acknowledging that the Transfer of Property Act, 1872, was not applicable in Punjab in 1953, the Court applied the principles of justice, equity, and good conscience. It clarified that onerous gifts under Section 127 of the Act cannot impose conditions amounting to forced labour, as this violates fundamental rights. The Court interpreted the "services" in the gift deed as referring to past services or those rendered to the original donor before his death in the late 1950s, rejecting the plaintiffs' claim of perpetual obligations.
Ultimately, the Court dismissed the appeal, affirming that the gift deed did not include a valid condition requiring indefinite services.