Transfer of Property Act, 1882, Section 123, 52 -- Gift deed - Execution during pendency of partition suit - Gift deed executed during pendency of proceedings and before expiry of period of limitation for filing SLP, is not valid as it is hit by S.52 of T.P.Act - Moreover, suit property is joint family property and even otherwise same cannot be acted upon by parties as..........
Transfer of Property Act, 1882, Section 123, 52 -- Gift deed - Execution during pendency of partition suit - Execution of gift deed of joint family property without giving physical possession to donee, is not valid as same is not acted upon by parties...........
Release deed -- Where the property is owned by two co-owners each having undivided equal share therein and one of them by a deed claims title while the other possession, document would be a release and not a conveyance - Even where one of the co-sharers of the joint agricultural land had simply renounced his claim in favour of another co-sharer in respect of the same..........
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,..........
Transfer of Property Act, 1882, Section 122, 123 -- Gift - Ingredients - Donor need not deliver possession of property to donee on or after execution of gift deed - It is sufficient if donee accepts the gift and acts upon it during the lifetime of donor...........
Civil Procedure Code, 1908, Section 151, Order 1, Rule 10, Family Courts Act, 1984, Section 7 - - Impleadment of a party - Petition filed by wife against husband in Family Court for partition and separate possession - Daughter seeking impleadment by claiming that gift deed has been executed in her favour by her mother - Held, since dispute is between husband and wife as..........
Transfer of Property Act, 1882, Section 123 -- Gift of immovable property - Delivery of possession - Held, it is settled principle of law that in order that a gift deed of immovable property is valid it is not necessary that there should be a physical delivery of property to donee - If donor has done or that he could put property within power of donee to obtain possession..........
Transfer of Property Act, 1882, Section 122, 123 -- Gift deed - Acceptance - Delivery of possession - Raises a presumption of acceptance...........
Transfer of Property Act, 1882, Section 122, 123 -- Gift deed - Validity - Delivery of possession is not a condition precedent to make a gift valid - A gift of vested remainder can be validly made keeping life interest by donor in himself...........
Civil Procedure Code, 1908, Order 6, Rule 1,2 -- Pleadings - Suit for possession - Details to be included - These are only Illustrative and not exhaustive : (a) who is or are the owner or owners of the property; (b) title of the property; (c) who is in possession of the title documents; (d) identity of the claimant or claimants to possession; (e) the date of entry into..........
