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SUPREME COURT OF INDIA
Year of decision: 2019
Details
Limitation Act, 1963, Article 59-- Limitation - Suit for declaration that deed of cancellation of gift deed and deed of transfer is invalid, null and void - Donor had no authority to revoke gift deed - Hence, subsequent documents i.e transfer of property were in themselves without authority and null and void - Declaration was only..........
PUNJAB AND HARAYANA HIGH COURT
Year of decision: 2019
Details
Mohammedan Law -- Oral gift - Where both donor and donee were residing in same house and the moment said house was gifted by father/donor to son/donee, though status of father merely become as licensee after alienating property, but it was not necessary for father to vacate said house after oral gift...........
ORISSA HIGH COURT
Year of decision: 2019
Details
Transfer of Property Act, 1882, Section 122, 123-- Unregistered gift deed - Gift deed in question was a conditional unregistered gift deed scribed in an unstamped paper - As per S.123 of the Act, transfer must be effected by a registered instrument signed by or on behalf of donor and attested by at least two witnesses - Even if attesting witnesses..........
CALCUTTA HIGH COURT
Year of decision: 2019
Details
Transfer of Property Act, 1882, Section 123-- Gift deed - Validity - Execution of gift deed in favour of grandsons by donor - DW2/deed writer of gift deed proved both execution and attestation of deed of gift - He stated that donor was physically fit, she was sitting on varanda and instructed DW2 to write down said gift deed - Evidence of DW2..........
CALCUTTA HIGH COURT
Year of decision: 2019
Details
Transfer of Property Act, 1882, Section 123-- Gift deed - Validity - Registration of gift deed after death of donor by his LR has same effect as its registration by donor himself during his lifetime, as it is not necessary for validity of a deed of gift that it should be registered by donor himself...........
CALCUTTA HIGH COURT
Year of decision: 2019
Details
Transfer of Property Act, 1882, Section 123-- Gift deed - Validity - Merely because parties are nearly related to each other or donor was old and infirm, no presumption of undue influence or fraud can arise...........
HIMACHAL PRADESH HIGH COURT
Year of decision: 2019
Details
Transfer of Property Act, 1882, Section 123, 3-- Gift deed - Attestation - Gift deed attested by only one attesting witness - Attesting witness admitted that he did not know donor and further admitted that he was not in a position to state as to whether donor was same person, who had in fact executed gift deed, as he was only asked to sign the..........
SUPREME COURT OF INDIA
Year of decision: 2019
Details
Transfer of Property Act, 1882, Section 122-- Gift deed - Validity - Registered gift deed - Mention on the first page Rs.5000/- as valuation of property for the purpose of stamp duty and registration charges - Cannot be said to be consideration received by the donor for executing the gift deed - As per registered gift deed no consideration..........
SUPREME COURT OF INDIA
Year of decision: 2018
Details
Transfer of Property Act, 1882, Section 122-- Gift - Cancellation - A conditional gift with no recital of acceptance and no evidence in proof of acceptance, where possession remains with the donor as long as he is alive, does not become complete during lifetime of donor - When a gift is incomplete and title remains with donor the deed of gift..........
SUPREME COURT OF INDIA
Year of decision: 2018
Details
Transfer of Property Act, 1882, Section 122-- Gift - Cancellation - Deed executed for consideration and was in any case conditional subject to the condition that donee would look after the petitioner and her husband and subject to the condition that gift would take effect after the death of donor - There was no complete gift of property in..........

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