Y and L, siblings, lost both parents. Their mother had executed a deed of gift transferring her entire share of the family property to L, and the transfer was registered. Y sued L for one half of the value of the property as compensation for loss.

Issues

Whether the deed of gift was valid; and, if not, what share Y should recover.

Outcome

Ma Dehui acted for Y on appeal. The appellate court examined the formal and substantive defects in the deed, and mediated a settlement under which L paid compensation reflecting Y’s share.

Note

Gifts of real property between family members are frequently challenged years later. Registration alone does not cure defects in capacity, consent or form.