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..........
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..........
Maintenance and Welfare of Parents and Senior Citizens Act, 2007, Section 23, Transfer of Property Act, 1882, Section 126 -- Gift deed - Revocation - Mother sought revocation of gift which she allegedly made in favour of her daughter on the ground that her daughter is not wiling to maintain her - Gift deed contains neither any condition regarding same nor there is any..........
Evidence Act, 1872, Section 90 -- Thirty years old document - Presumption - Gift deed tendered in evidence after about 29 and a half year being prior to its becoming 30 years old - Provision of S.90 of Act will not apply - Even if document purported or proved to be thirty years old defendant would not axiomatically receive a favorable presumption as presumption u/s 90 of..........
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..........
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..........
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...........
Registration Act, 1908, Section 17, Transfer of Property Act, 1882, Section 122, 123 -- Unregistered gift deed - Not admissible in evidence to affect property in dispute but for collateral purposes the document may be admissible in evidence - Facts stated in gift deed admitting disputed property owned and belonging to executant would be a fact for which such document..........
Transfer of Property Act, 1882, Section 123 -- Gift - Revocation - Original title deeds handed over by donor to donee and original gift deed also taken by donee and thus there is evidence of acceptance - Gift is complete - Donor has no power of revocation...........
Transfer of Property Act, 1882, Section 122, 123, Evidence Act, 1872, Section 68 -- Gift deed - Execution - Proof - When the executant himself admits the execution, there is no need for calling of any other attestors to prove the same...........
