Maintenance and Welfare of Parents and Senior Citizens Act, 2007, Section 23 -- Gift deed - Cancellation - Gift deed executed by father and mother in favour of daughter reserving their right of residence till their life time - Father died - Mother and daughter now co-owners - Mother beaten brutally by daughter - Letting mother and daughter live together is not safe -..........
Transfer of Property Act, 1882, Section 123 -- Gift deed - Validity - Consolidation Officer has got no jurisdiction to declare a deed of gift as void and ignore it - Gift deed cannot be said to be void document unless same is declared by competent civil Court having jurisdiction...........
Tamil Nadu Court Fees and Suits Valuation Act, 1955, Section 40, 25(d) -- Court fee - Suit for cancellation of release deed and gift deed - Plaintiff not a party to documents - It is S.25(d) and not S.40 of the Act which is applicable...........
Maintenance and Welfare of Parents and Senior Citizens Act, 2007, Section 23 -- Transfer of property - Where any senior citizen who, after the commencement of the Act, has transferred by way of gift or otherwise, his property, subject to the condition that the transferee shall provide the basic amenities and basic physical needs to the transferor and such transferee..........
Joint family property -- Gift of joint family property in favour of one of the sons, on the basis that same is acquired property - Not legally valid and cannot be acted upon...........
Partition -- Partition can be entered into between parties who are joint owners of property - In case, father wants to give property to his sons, of which he is absolute owner, it can be done by Will or by means of gift deed or donation - High Court rightly observed that partition deed is to be construed either as gift deed or family settlement - Petition dismissed...........
Agreement of gift -- Specific performance - Cannot be claimed regarding agreement to gift...........
Civil Procedure Code, 1908, Order 14, Rule 1 -- Framing of issue - Unregistered gift deed - Suit for declaration that gift deed in question is null and void and for permanent and mandatory injunction - Unregistered gift deed does not amount to a gift and not created any right in favour of defendant - Since defendant having not claimed any other right except under said..........
Transfer of Property Act, 1882, Section 122, 123, Registration Act, 1908, Section 17 -- Gift deed - Gift of immoveable property must be affected by a registered instrument - Merely on execution of an unregistered document titled gift, a gift of immovable property cannot be said to be complete...........
Civil Procedure Code, 1908, Order 15 -- Disposal of suit at first hearing - Suit for declaration that gift deed in question is null and void and for permanent and mandatory injunction - Defendant not enforcing the gift - Question of putting suit to trial to determine intention of parties, does not arise - Plaintiff is entitled to a decree U.O.15 CPC...........
