Settlement deed -- Acceptance - Production of original gift deed in possession of plaintiff before Court is the vital evidence to prove acceptance...........
Evidence Act, 1872, Section 90 -- Gift deed more than 30 years old - Executant has subscribed her left hand thumb impression on gift deed - Therefore, presumption as is available u/s 90 of the Act could not have been per se made applicable so as to deny the demand for proof of gift deed...........
Evidence Act, 1872, Section 90 -- Gift deed more than 30 years old - Document is in the handwriting of executant - However, original gift deed is not produced before Court by defendant - Plaintiff thus, lost his chance to question the genuineness and veracity of gift deed and parties did not know whether gift deed was in handwriting of executant...........
Transfer of Property Act, 1882, Section 123 -- Gift - Once there is an admission of gift by parties in the proceedings and the donor herself, there is no need to give evidence in proof of the execution of gift deed...........
Registration Act, 1908, Section 17 -- Registration - Deed in question was executed for grant of an easement only and it was a gratuitous act - There is no transfer/ownership of property as is contemplated for sale and gift - Deed in question thus, not required registration and it is admissible in evidence...........
Transfer of Property Act, 1882, Section 123 -- Registered Gift deed - Deceased executed registered gift deed in favour of her daughter/defendant out of love and affection, as she was taking care of deceased during his old age - Execution and registration of gift deed in favour of defendant is not disputed - There is presumption that a registered document is validly..........
Evidence Act, 1872, Section 102 -- Cancellation of gift deed on the ground of undue influence or fraud - Burden of proving undue influence or fraud always lies upon plaintiff...........
Limitation Act, 1963, Article 58 -- Limitation - Suit for declaration that cancellation of gift deed is not legal - Wife was not party to cancellation of gift deed executed by husband - She is thus, not bound by such deed - Wife sought both declaration of title over property and cancellation of cancellation deed - Limitation is applicable u/art 58 of the Act which..........
Evidence Act, 1872, Section 102 -- Burden of proof - Gift deed - When a person obtains any benefit from another, Court would call upon person who wishes to maintain the right to gift to discharge burden of proving that he exerted no influence for purpose of obtaining the document...........
Civil Procedure Code, 1908, Section 100 -- Second appeal - Suit for declaration of ownership on basis of gift deed - Origin of gift deed was disputed by executant during her lifetime - Lower Courts thus, were right in weighing evidence of gift deed on the touchstone of its validity first rather than its form and content - Plea as to invalidity of gift deed is not to be..........
