Hindu Law -- Joint Family Property - Devolution of interest - Two suits regarding same facts - No evidence on record to show that property was purchased from the income of joint family and was not self acquired property of executor - Neither there existed a valid gift deed which would confer any right upon plaintiff in Ist suit nor any valid will existed which would..........
Registration Act, 1908, Section 35 -- Registration of gift deed after death of executor is patently illegal and would confer no right upon the beneficiary...........
Civil Procedure Code, 1908, Order 8, Rule 6A, 6C, Specific Relief Act, 1963, Section 6 -- Counter claim - Defendants can set up by way of counter claim a prayer for setting aside a Gift Deed in a suit for recovery of possession u/s 6 of SRA - However it need not be considered along with the suit - Court can exclude counter claim on motion made by plaintiff U.O.8.R.6-C,..........
Transfer of Property Act, 1882, Section 122, 123, Evidence Act, 1872, Section 68 -- Gift deed - Proof of - When defendant accepts execution of registered gift deed in favour of plaintiff, it is not necessary for plaintiff to prove its execution by examining the attestor...........
Transfer of Property Act, 1882, Section 122, 123 -- Gift - Ingredients - Donor need not deliver possession of property to donee on or after execution of gift deed - It is sufficient if donee accepts the gift and acts upon it during the lifetime of donor...........
Civil Procedure Code, 1908, Order 7, Rule 11 -- Rejection of plaint - Deficit court fee - Plaintiff has to value the relief of declaration and consequent cancellation of gift deed at the value of the suit property as reflected in the registered gift deed - Plaintiff to pay deficit court fee within a period of twelve weeks and failing to pay within the time granted, plaint..........
Civil Procedure Code, 1908, Section 151, Order 1, Rule 10, Family Courts Act, 1984, Section 7 - - Impleadment of a party - Petition filed by wife against husband in Family Court for partition and separate possession - Daughter seeking impleadment by claiming that gift deed has been executed in her favour by her mother - Held, since dispute is between husband and wife as..........
Transfer of Property Act, 1882, Section 123 -- Gift of immovable property - Delivery of possession - Held, it is settled principle of law that in order that a gift deed of immovable property is valid it is not necessary that there should be a physical delivery of property to donee - If donor has done or that he could put property within power of donee to obtain possession..........
Land Acquisition Act, 1894, Section 4 -- Acquisition of land - Challenge to - Feeble challenge against legality of land acquisition proceedings raised through pleadings only and not made subject-matter of reliefs sought for in plaint - Gift deed of acquired land executed in favour of plaintiff - Donor and plaintiff donee waged joint battle against land acquisition..........
Land Acquisition Act, 1894, Section 4 -- Acquisition of land - Right of donee - Gift deed of acquired land executed in favour of plaintiff - Held, whatever rights plaintiff derived out of gift deed have also become extinguished and property vested in Government by virtue of acquisition - Only benefit which plaintiff would derive from acquisition would be that he and not..........
