Specific Relief Act, 1963, Section 26 -- Rectification of sale deed sought on the ground that in fact intention was to execute a gift deed - Instrument tilted as 'Sale Deed' and parties are titled as sellers and purchasers - Sale consideration also mentioned - No document produced to show that plaintiffs intended to execute gift deed - No evidence that document was result..........
Evidence Act, 1872, Section 90 -- Ownership & possession claimed on the basis of gift deed - Original gift deed not produced - Entry in the register of Registrar regarding execution of gift deed produced - Presumption u/s 90 regarding gift deed cannot be made...........
Hindu Law -- Gift of property to deity - Gift deed is admissible in evidence even if not registered. (Registration Act, 1908, S.17)...........
Transfer of Property Act, 1882, Section 122 -- Conditional gift deed - Validity - Donor retaining possession and enjoyment right and also right to mortgage the property during his life time - No evidence of acceptance - Later on gift deed cancelled and sale deed executed in favour of others - In absence of a valid divesting of the absolute right of the donor in favour of..........
Civil Procedure Code, 1908, Order 41, Rule 27 -- Additional evidence - Suit to restrain defendant from interfering with possession of plaintiff on basis of alleged gift deed in his favour - Plaintiff sought to file copy of record of right prepared by Consolidation Authority etc. - Not opposed - Document also necessary to adjudicate dispute - Said documents admitted as..........
Evidence Act, 1872, Section 115 -- Estoppel by deed - Donors had not acquired title to property yet they gifted the property - Had a pre-existing interest in property and right to partition upheld by preliminary decree - Gift of property covered by preliminary decree - By subsequent decree donors acquired a clear and complete title in the same property - Rule of estoppel..........
Registration Act, 1908, Section 49 -Proviso - Unregistered gift deed - Cannot be used even for collateral purpose as the transaction affects immovable property requiring registration and therefore inadmissible in evidence...........
Transfer of Property Act, 1882, Section 123, Evidence Act, 1872, Section 68 -- Proviso - Gift - Execution - Proof - Registered deed of gift can be received in evidence without examining one of the attestors if the person who has executed the deed of gift has not specifically denied its execution...........
Evidence Act, 1872, Section 68, 69, Transfer of Property Act, 1882, Section 123 -- Gift deed - Registered - Proof - One attesting witness at least must be examined to prove the valid execution of gift deed...........
Transfer of Property Act, 1882, Section 5, 122, 123, Evidence Act, 1872, Section 68 -- Release deed - It is relinquishment of some right or interest in the property to another who has already some interest in property and such interest as qualifies him for receiving or availing himself of right or interest so relinquished - Release may be gratuitous or for consideration -..........
