Showing : 111-120 of 463 Results

ORISSA HIGH COURT
Year of decision: 2016
Details
Transfer of Property Act, 1882, Section 122, Evidence Act, 1872, Section 104-- Execution of gift deed - pardanashin woman or an illiterate - Burden of proof - To prove a gift deed to be valid, burden of proof shall always be upon the person who seeks to sustain the transaction to establish that executant had understood the nature of document and the purpose of it and that..........
BOMBAY HIGH COURT
Year of decision: 2016
Details
Transfer of Property Act, 1882, Section 123-- Gift deed - Test of suspicious circumstances as applicable to Will is not applicable to deed of gift - Once it is found that document of gift is registered and signature of donor is proved, it cannot be held to be invalid unless a case of fraud or misrepresentation is made out...........
BOMBAY HIGH COURT
Year of decision: 2016
Details
Transfer of Property Act, 1882, Section 123-- Gift deed - Partition suit - Gift deed executed in favour of defendants is a registered document and was executed by deceased in respect of his self acquired property - Two attesting witnesses proved the gift deed - Findings of lower Appellate Court reversing the decree passed by trial Court on..........
ORISSA HIGH COURT
Year of decision: 2016
Details
Criminal Procedure Code, 1973, Section 439, Indian Penal Code, 1860, Section 420, 423, 467, 468, 471, 506-- Bail - Cheating and forgery - Nature and gravity of offences - A simpleton disciple was duped by spiritual Guru of his valuable landed properties on the pretext of curing mental ailment of his son - At the time of transaction, disciple had an impression that it was a gift deed through which his..........
DELHI HIGH COURT
Year of decision: 2016
Details
Agreement to sell-- Specific performance - Gift deed - Successor-i, interest is always bound by any contractual documents entered into prior to execution of a gift deed transferring the property - Gift deed thus could not prevent plaintiff from seeking specific performance of agreement to sell...........
HIMACHAL PRADESH HIGH COURT
Year of decision: 2016
Details
Transfer of Property Act, 1882, Section 122, 123-- Gift - Transfer of possession covered by registered instrument of gift duly signed by donor and attested as required in law is not a sine qua non for making of valid gift under the provision of T.P. Act...........
HIMACHAL PRADESH HIGH COURT
Year of decision: 2016
Details
Transfer of Property Act, 1882, Section 123-- Gift - Validity - Gift deed executed by defendant no.1 in favour of plaintiff was a valid gift deed for all intents and purposes - There was clear recital that possession of property subject matter of the same was also handed over to plaintiff - Moreover, transfer of possession is not a sine qua..........
UTTARAKHAND HIGH COURT
Year of decision: 2016
Details
Transfer of Property Act, 1882, Section 123, Registration Act, 1908, Section 17-- Unregistered gift deed - Gift deed being compulsorily registrable document leaves no impact if it is unregistered - Getting the gift deed registered subsequently to the registered sale deed of the same property is also no impact as the same is obviously to obviate the concurrent decrees of two..........
HYDERABAD HIGH COURT
Year of decision: 2016
Details
Mohammedan Law-- Oral gift (Hiba) - Does not require registration provided there is open declaration by donor of intention to gift and its acceptance by donee and delivery of possession (Physical and Constructive), as the case may be - More so, if a document is executed subsequent to it acknowledging past..........
HYDERABAD HIGH COURT
Year of decision: 2016
Details
Mohammedan Law-- Oral gift (Hiba) - Three essential conditions to validate the oral gift are : (i) There must be declaration of gift that is required to be established showing that donor, either in presence of witnesses or otherwise by public statement declared in making the gift; (ii) there must be acceptance of..........

Showing : 111-120 of 463 Results