Whether mere referring and labeling the deed as “irrevocable” would not make the deed irrevocable

The Gujrat High Court has held as under: • Mere referring and labeling the deed as “irrevocable” would not make the deed irrevocable. • If the interest in favour of the donee is created in the deed of power of attorney or if such interest is passed on in favour of donee, then such deed becomes irrevocable and even the death of donor would have no vitiating effect or consequence on the deed. • Creation of such interest need not necessarily be in the deed of power of attorney itself and expression of such creation of interest or recognition of interest by the donor may be in the form of separate deed in this regard. • What is important and determinative is the intention of the donor, and secondly expression of such intention should be either in the deed of power of attorney itself or in another deed executed simultaneously. • It is for the party who asserts the deed to be irrevocable to show and establish that it is not revocable in its nature. The burden would be heavier on the party to explain when such interest is not transferred or created specifically in the said deed and/or when it is not simultaneously conferred or created. • In absence of creation or transfer of interest in the property, it cannot be said that donor intended to execute irrevocable power of attorney. • A stranger to the contract, if he is the real owner of the said property, can certainly challenge the transaction of the property of which he claims to be the owner. Any transaction in respect of any immovable property, executed to the exclusion of real owner cannot affect, in any way, the right of the real owner to question the transaction. [Mahesh Govindji Trivedi vs. Legal Heirs of Bhagvanji Govindji Trivedi & 5 others] (Gujarat HC – 05.12.2013)