Transfer of Property Act, 1882, Section 123 -- Gift deed - Validity - Genuineness or invalidity of registered gift deed cannot be examined in simple suit for partition particularly when no relief of declaration with regard to gift deed has been claimed by plaintiff - Gift deed, held, to be valid...........
Hindu Succession Act, 1956, Section 15, 16 -- Inheritance - Deceased (owner of suit property) died living behind his widow, two daughters and widow of predeceased son - Plaintiff being one of the daughter claims to have share of her mother and widow of predeceased son as they relinquished their share in her favour - No document produced by plaintiff in support of the same..........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Amendment of plaint - Amendment sought to challenge Will set up by defendant - Proposed amendment would not change nature of suit, as suit is filed for declaration challenging validity of gift deed set up by defendant and now proposed amendment is against set up of Will - Parties to the lis are members of same family - If..........
Transfer of Property Act, 1882, Section 123, Evidence Act, 1872, Section 68 -- Gift deed - Due execution - Proof of - Plaintiff alleges that at the time of execution of gift deed, donor did not have mental balance and he put his signature on the gift deed at the persuasion of defendant No.1 - However, plaintiff made only vague statement - No evidence on record to prove..........
Mohammedan law -- Gift - Validity - Husband by gift deed transferred corpus of immovable property to his wife - Wife after death of her husband sold the gifted property - Conditions depicted in the gift deed, that the donee would not have any right to gift or sell the gifted property, or that donee would be precluded from alienating the gifted immovable property during..........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Amendment of pleadings - Plaintiff seeking cancellation of gift settlement deed and sale deed and also injunction, even though he is not party to any document - Court below without analyzing legal and factual situation and without assigning cogent reasons rejected proposal for amendment of pleadings - Order of rejection,..........
Transfer of Property Act, 1882, Section 122, 123 -- Gift of immovable property - Validity - Execution of registered gift deed and its attestation by two witnesses not disputed - Donee has accepted gift - Recitals in gift deed also prove transfer of absolute title in gifted property from donor to done - Only right to use property during lifetime of donor retained - Held, it..........
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,..........
