Limitation Act, 1963, Article 58 -- Limitation - Suit for declaration that cancellation of gift deed is not legal - Wife was not party to cancellation of gift deed executed by husband - She is thus, not bound by such deed - Wife sought both declaration of title over property and cancellation of cancellation deed - Limitation is applicable u/art 58 of the Act which..........
Limitation Act, 1963, Article 58 -- Limitation - Right to sue - Suit for declaration that cancellation of gift deed is not legal - Plaintiff needs to have actual or perceived threat to character of his right to reckon limitation - Mere challenge to title is not sufficient to hold that right to sue accrued on the date of challenge...........
Transfer of Property Act, 1882, Section 123 -- Gift deed - Unilateral cancellation of gift deed by husband - Validity of gift deed executed by husband in favour of wife not disputed by husband - In the absence of any right of revocation of deed in the deed itself, unilateral execution of cancellation deed is bad in law and unsustainable...........
Specific Relief Act, 1963, Section 34 -- Suit for declaration of title - Without seeking relief of possession - Maintainability - Husband executed gift deed in favor of wife and retained possession and right to enjoy property in the gift deed itself - Possessory right and right to enjoy property would be available to wife only after demise of husband - Wife therefore,..........
Civil Procedure Code, 1908, Order 7, Rule 14(3) -- Production of documents - Partition suit - Gift deed in favour of plaintiff sought to be produced - However, plaint does not include subject matter of gift deed sought to be produced - Reasons assigned by trial Court for rejecting application U.O.7.R.14 CPC are not perverse - Application rightly rejected...........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Ad-interim injunction - Suit for cancellation of gift deed and permanent injunction - Plaintiff had transferred his share to his father in the year 2007 - Father of plaintiff executed gift deed in favour of defendant in the year 2013 - Defendant is recorded as tenure holder - Application for ex parte ad interim injunction..........
Transfer of Property Act, 1882, Section 122 -- Gift deed - Cancellation - Gift deed executed voluntarily by petitioner in the year 2011 - Petitioner clearly stated in the gift deed that he has no right to cancel and frustrate gift deed and any such steps if taken would be void - No condition attached to gift - Petitioner was 39 years old at the time of execution of gift..........
Evidence Act, 1872, Section 102 -- Burden of proof - Gift deed - When a person obtains any benefit from another, Court would call upon person who wishes to maintain the right to gift to discharge burden of proving that he exerted no influence for purpose of obtaining the document...........
Civil Procedure Code, 1908, Section 100 -- Second appeal - Suit for declaration of ownership on basis of gift deed - Origin of gift deed was disputed by executant during her lifetime - Lower Courts thus, were right in weighing evidence of gift deed on the touchstone of its validity first rather than its form and content - Plea as to invalidity of gift deed is not to be..........
Civil Procedure Code, 1908, Order 7, Rule 11 -- Rejection of plaint - Barred by limitation - Suit for declaration of ownership on the basis of gift deed filed after a delay of about 20 years - Trial Court dismissed the application by holding that point of limitation is a mixed question of law and fact - Impugned order set aside in view of judgments of Supreme Court passed..........
