Mohammadan Law -- Gift deed - Three essential ingredients for a valid gift under Mohammadan law i.e declaration of gift by donor, acceptance of gift by donee and delivery of possession, have not been found to be satisfied - Even mutation of alleged gift in favour of Masjid was never done - Gift is thus, incomplete...........
Mohammadan Law -- Gift deed - Measurement and boundaries given in gift deed and of suit property do not tally - It cannot be inferred that gift deed pertains to suit property...........
Hindu Succession Act, 1956, Section 15 -- Property of Hindu female dying intestate - Property purchased in the name of deceased/Hindu female - In the absence of any deed of gift or Will, estate of deceased would have to devolve in terms of S.15 of the Act - Defendant failed to discharge the initial burden of proof to show that property was gifted to him - Preliminary..........
Hindu Law -- Joint Family property - Co-parcenars - A coparcener has no right to execute gift deed without the consent of other coparcener...........
Transfer of Property Act, 1882, Section 122, 123 -- Gift - Essentials of a valid gift u/ss 122, 123 of the Act are execution, registration and acceptance by donee during the lifetime of donor - Delivery of possession may be one mode to prove acceptance - An express acceptance is not necessary for completing the gift...........
Transfer of Property Act, 1882, Section 122, 123 -- Gift - Recital in gift deed and release deed wherein donor specifically acknowledged that donee accepted the gift and possession of property was delivered to donee, are sufficient to establish acceptance of a gift...........
Transfer of Property Act, 1882, Section 122, 123 -- Gift - Acceptance of gift - Handing of gift deed to donee, also amounts to a valid acceptance of gift...........
Transfer of Property Act, 1882, Section 123 -- Gift - Cancellation - Unilateral cancellation of gift deed is bad in law and not legally sustainable in the absence of any right for revocation of deed in the deed itself...........
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...........
Transfer of Property Act, 1882, Section 123 -- Gift deed - Unilateral cancellation of gift deed - Court cannot direct Registrar to register cancellation of gift deed unilaterally by donor, without making donee as a party...........
