Mohammedan Law -- Gift deed - Validity - Gift under Muslim Law is not required to be registered or scribed - It is oral in the form of a Hiba and there can be Yadaasht (document of remembrance) in support thereof declaring that such gift had already been given to beneficiary and possession has also been given to him - However, if such gift is registered then common law..........
Mohammedan Law -- Gift deed - Registered gift deed in favour of respondent prior in time to sale deed executed in favour of petitioners relating to same property without setting aside said gift deed - Execution of said sale deed by executor of gift deed is beyond his capacity to execute - Gift deed is genuine document and thus, valid - Petitioners are open to assail deed..........
Transfer of Property Act, 1882, Section 53A -- Part performance - Possessor in part performance of property will not get any right of alienation or title or ownership over property - Property will remain outside purview of provisions dealing with transfer of title and ownership either by way of sale, mortgage, gift or settlement - Provision governing devolution of right by..........
Maintenance and welfare of Parent and Senior Citizens Act, 2007, Section 23 -- Gift deed - Transfer of property by senior citizen by way of gift in favour of defendants was much prior to coming into force of the Act - Since transfer was made before commencement of the Act as such provision of Act not applicable to the case...........
Maintenance and welfare of Parent and Senior Citizens Act, 2007, Section 23 -- Gift deed - Property of senior citizen - Gift deed admittedly executed by senior citizen in favour of son and daughter-in-law not subject to condition that transferee shall provide basic amenities and basic physical needs to transferor - Even suit filed by senior citizen is not on such pleas -..........
Maintenance and Welfare of Parents and Senior Citizens Act, 2007, Section 23 -- Word `transferred' in S.23 of the Act is followed by phraseology `by way of gift or otherwise', therefore connotation `otherwise' includes every mode of transfer including transfer of possession...........
Transfer of Property Act, 1882, Section 122 -- Gift - Act of receiving or taking property by donee has to be gathered from conduct of parties in dealing with matter involved...........
Transfer of Property Act, 1882, Section 122 -- Gift deed - Validity - Gift deed alleged to be executed in favour of plaintiff by defendant No.1 - However, possession of property was never handed over to plaintiff on the basis of gift deed - There was no acceptance of possession of gifted property and it continued with defendant No.1 - Recitals of gift deed show that..........
Right of pre-emption - - Pre-emption right claimed should find a place in document of conveyance either by gift, partition, settlement or sale and it may be either based on customary right or practice prevailed - Right of pre-emption can also be created by contract between parties...........
Transfer of Property Act, 1882, Section 122 -- Gift deed - Once property in the hands of Donor is held to be self acquired property, he was competent to deal with his property in such a manner he considers it proper including executing gift deed in favour of stranger to family...........