1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION CHAMBER SUMMONS NO.795 OF 2006 IN EXECUTION APPLICATION NO.260 OF 2004 IN AWARD DATED 30.05.2001 IN ARB.CASE NO.11 OF 2001 Sundaram Finance Services Ltd. ...Claimants Vs. M/s. Draya Industrial Chemicals Ltd. & Anr. ...Respondents And Nita M. Patel ...Applicant Mr.G.R. Mehta for Claimants Mr.C. Balsara with Mr. C.D.Patel i/b. A.S. Dayal for Applicant CORAM: SMT.ROSHAN DALVI, J. DATED: 22 ND SEPTEMBER, 2008 P.C. 1. The Arbitration Award is sought to be executed. The attachment has been levied. The Applicant has sought to raise the attachment on the ground of title in the application. A title is claimed under a declaration of the gift. The declaration of gift is stated to be made on a stamp paper of Rs.10/- . A xerox copy of a typewritten copy of a declaration of gift is annexed at Exhibit- D to the Chamber 2 Summons. Based upon the unregistered, insufficiently stamped declaration of the gift claimed to be the deed of gift, the Applicant claims that the share certificate is transferred to the name of the Applicant on 9th April, 1995. 2. A gift deed is required to be registered as it constitutes a transfer of property. It is also required to be stamped in accordance with the Bombay Stamp Act. That having not been done the Applicant cannot rely upon what is called a declaration of gift as his title. 3. The Applicant has relied upon various maintenance bills of the Society to show that he pays maintenance amount to the Society. The Society bills only show possession and not the title. Possession claimed to set aside an attachment must be under a lawful title. Lawful title is not shown. Hence, no case for raising attachment is made out. 4. A similar such application made before this court in Chamber Summons No.731 of 2005 in Execution Application No.192 of 2002 in Summary Suit No.491 of 1999 between the other parties, this Applicant similarly sought to raise the attachment levied by the Decree Holder therein. That application came to be rejected. An Appeal therefrom came 3 to be admitted. 5. The Applicant himself was restrained from encumbering or creating any third party rights or transferring the property claimed by the Applicant. No stay in that execution was granted. 6. Since no title is shown, the Chamber Summons is dismissed. Execution shall proceed. (SMT. ROSHAN DALVI, J.)