Transfer of Property Act, 1882, Section 123, Consent decree -- Oral gift - Validity of - Alleged oral gift pertained to June 1954 - Revenue entries clearly demonstrate that possession of plaintiff as owner being in cultivating possession continued to be recorded till the year 1976 - Held, alleged oral gift made in year 1954 without possession would remain ineffective..........
Registration Act, 1908, Section 17, 32, 34A -- Unilateral cancellation of gift deed - Void - It is only when earlier deed is cancelled by a competent court, a cancellation deed can be registered that too after notice to concerned parties - Unilateral cancellation of deed as well as registration thereof is void, non est and meaningless transaction...........
Civil Procedure Code, 1908, Order 20, Rule 18 -- Hindu law - Joint family property - Partition - There had been a disruption in the joint family many decades ago - There was also separate selling and purchasing of properties, raising separate fund executing Will or executing gift deed - Held, if parties for a long time have independent management of properties which by..........
Transfer of Property Act, 1882, Section 122 -- Gift - Settlement Deed handed over to donee in which handing over of possession was mentioned - Held, this fact is sufficient to come to a conclusion that Settlement Deed has been acted upon...........
Transfer of Property Act, 1882, Section 122 -- Gift - Handing over possession - Non transfer of name of donee in Revenue records - Not material when after execution of Settlement Deed by mother in favour of her daughter, both of them were residing in the same property...........
Evidence Act, 1872, Section 114 -- Gift deed - Executed by mother in favour of daughter - Plea of Revocation - Competent person to speak about revocation is the mother who is not examined - Held, adverse inference has to be drawn against the plea put forth by the defendants...........
Transfer of Property Act, 1882, Section 122, 123 -- Gift of property - Registered - No proof of acceptance of gift - Held, merely because a document has been registered, it would not amount to a valid gift until and unless the conditions and parameters stipulated u/ss 122 & 123 of the Act are not complied with...........
Hindu Succession Act, 1956, Section 14 -- Joint Hindu Family - Hindu woman getting gift of property from her father at the time of marriage - It is her Stridhan property - She will be full owner of property - She will also be the owner of any property purchased by her out of income of Stridhan property and not Joint Hindu Family Property...........
Transfer of Property Act, 1882, Section 123 -- Gift deed - Suit for declaration that gift deed was illegal, null and void - Suit filed within eight days of execution of gift deed after lodging FIR - Marginal witnesses examined by donee not present when gift deed was scribed - Donee taking active role in preparation of gift deed - Plaintiff an illiterate person residing..........
Civil Procedure Code, 1908, Section 100 -- Second appeal - Concurrent findings of fact - Execution of will and gift deed - Contention that there is no compliance with provisions of S.63 of the Indian Succession Act and S.68 of the Indian Evidence Act - Held, both the courts below have given concurrent finding on this fact - Contention cannot be accepted - No substantial..........
