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..........
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..........
Registration Act, 1908, Section 22, 69 -- Cancellation of registration - Validity of order - Respondent no.2 passed order that document in favour of respondent no.4 is genuine transaction and that the one executed in favour of petitioner is fraudulent and directed registering officer to initiate criminal prosecution in terms of circular - As per S.22(a) of the Act,..........
Transfer of Property Act, 1882, Section 122 -- Gift deed - Validity - Plea of forgery and fabrication of gift deed - Plaintiffs not denied the execution of document but alleged forgery and fabrication - In absence of any evidence of any forgery or fabrication and in absence of specific denial of execution of gift deed, donee was under no obligation to examine one of..........
Evidence Act, 1872, Section 63(e), 71, 76, 101, Registration Act, 1908, Section 23, 57 -- Proof of document - Admissibility of secondary evidence - As per provisions of S.57(5) of Registration Act and Ss.65(f), 76 of Evidence Act, a certified copy of sale deed as registered is permitted to be given in evidence - Moreover, certified copies of public documents can also be..........
Agreement to sell -- Validity - In absence of any material evidence on record to establish that document contains signatures of defendant, same cannot be held to have been duly proved...........
Civil Procedure Code, 1908, Order 13, Rule 4 -- Marking of document - Memorandum of deposit of title deeds - Validity of such document can be decided at the time of disposal of main suit - Question as to whether memorandum requires registration or not needs to be decided before document is admitted in evidence - Defendant permitted to agitate this aspect before trial Court..........
Specific Relief Act, 1963, Section 34, 38 -- Declaratory relief - Suit for declaration and permanent injunction - Sale of suit property to different plaintiffs/vendees - Family partition between vendor and his brother/defendant and family partition was accepted by defendant and he remained in separate possession - Neither defendant questioned validity nor genuineness of..........
Agreement to sell -- Validity - Competency of party to enter into contract - Plaintiff contended that defendant No.1 father of defendant Nos.2 and 3/daughters entered into contract with him on behalf of his daughters - However, there is no such material and/or document which remotely suggests grant of authority by daughter in favour of their father to enter into said..........
Will -- Validity - Property of Hindu female - Property mutated in revenue record by son in favour of mother without executing any other document for transferring the suit land - On basis of mutation entry, it cannot be said that mother has acquired said property - Mutation entries are relevant only for collection of land revenue - Therefore, such mutation entry, cannot..........
