Maintenance and welfare of Parent and Senior Citizens Act, 2007, Section 23 -- Gift deed - Cancellation - Parents are not looked after but were manhandled by their children who have taken gift of parent's property - Liability to look after the aged parents is not a matter of charity but a statutory obligation - Gift deed rightly set aside...........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Amendment of plaint - Sought by LRs of plaintiff - Applicants by way of amendment sought to challenge oral gift deed which was inadvertently not challenged by their father/plaintiff - However, during life time of plaintiff, when cause of action to file suit arose, he was the best person to acknowledge the complete facts - Two..........
Transfer of Property Act, 1882, Section 54 -- Sale deed - Unilateral cancellation of sale deed by defendant no.1 - Entire right, title and interest of defendant no.1 in suit property has been transferred to plaintiff vide sale deed - Plaintiff has taken over suit properties with liabilities as set out in sale deed - Unilateral cancellation of sale deed not binding on..........
Uttar Pradesh Zamindari Abolition and Land Reforms Act, 1950, Section 152, Transfer of Property Act, 1882, Section 122, 123 -- Gift - Agricultural land - Bhumidhar with transferable rights can transfer his right, title and interest of any agricultural land by way of gift...........
Uttar Pradesh Zamindari Abolition and Land Reforms Act, 1950, Section 152, Transfer of Property Act, 1882, Section 122, 123 -- Gift - Gift deed was executed by donor in favour of minor sons through their mother - Donor was a legally competent person and no consideration was taken by donor - There is recital of delivery of possession - Even the property in question was..........
Transfer of Property Act, 1882, Section 54 -- Sale with a condition to repurchase - Transfer or assignment of such right - No term in conditional sale deed which debars its assignment to any other person - Clause in the document mentions only right of repurchase - Vendor assigned his right to repurchase in favour of his daughter-in-law by gift deed - Such right can always..........
Partition -- Documents under consideration are not Will Deeds where any and all suspicious circumstances are required to be dispelled by the propounder - The documents in question are Gift Deeds - All that law requires is proof of the same in terms of Section 68 of the Evidence Act - There has been misreading of the evidence by the trial court - On a totality of the..........
Specific Relief Act, 1963, Section 31 -- Cancellation of gift deed - It is incumbent upon plaintiff to establish that he has a prima facie title over suit property for claiming cancellation of gift deed...........
Specific Relief Act, 1963, Section 31 -- Cancellation of gift deed - Plaintiff relying upon agreement to sell which is neither executed by owner of property nor by his power of attorney but is executed by a person, who has no authority in law to enter into an agreement to sell - Even otherwise also, agreement to sell is unregistered and in absence of registration of..........
Civil Procedure Code, 1908, Order 2, Rule 2 -- Bar of O.2.R.2 CPC - Suit for cancellation of gift deed - There will be bar of O.2.R.2 CPC as earlier suit for injunction was filed, which is pending before Civil Court...........
