Civil Procedure Code, 1908, Section 151, Order 1, Rule 10, Family Courts Act, 1984, Section 7 - - Impleadment of a party - Petition filed by wife against husband in Family Court for partition and separate possession - Daughter seeking impleadment by claiming that gift deed has been executed in her favour by her mother - Held, since dispute is between husband and wife as..........
Transfer of Property Act, 1882, Section 123 -- Gift of immovable property - Delivery of possession - Held, it is settled principle of law that in order that a gift deed of immovable property is valid it is not necessary that there should be a physical delivery of property to donee - If donor has done or that he could put property within power of donee to obtain possession..........
Transfer of Property Act, 1882, Section 122, 123 -- Gift - Becomes valid only when it is accepted by the donee - When there is no plea that gift was accepted, it has to be presumed that there was no acceptance in the eye of law...........
Land Acquisition Act, 1894, Section 4 -- Acquisition of land - Challenge to - Feeble challenge against legality of land acquisition proceedings raised through pleadings only and not made subject-matter of reliefs sought for in plaint - Gift deed of acquired land executed in favour of plaintiff - Donor and plaintiff donee waged joint battle against land acquisition..........
Land Acquisition Act, 1894, Section 4 -- Acquisition of land - Right of donee - Gift deed of acquired land executed in favour of plaintiff - Held, whatever rights plaintiff derived out of gift deed have also become extinguished and property vested in Government by virtue of acquisition - Only benefit which plaintiff would derive from acquisition would be that he and not..........
Haryana Panchayati Raj Act, 1994, Section 51 -- Second enquiry - Natural Justice - - Execution of gift deeds by petitioner/Sarpanch in favour of 39 ineligible persons - After conducting enquiry, petitioner warned to be careful in future - Error committed by petitioner has already been corrected - Initiation of second inquiry - Validity - Held, it violates principle of..........
Transfer of Property Act, 1882, Section 122 -- Property purchased in the name of first respondent when he was a student and he claimed it to be a gift to him - Merely purchasing a property in somebody's name does not make it a gift - Evidence on record that property was managed and taxes were paid by family - Evidence of intention of first respondent not to retain the..........
Transfer of Property Act, 1882, Section 122, 123 -- Gift to wife, children and future born children - Gift to unborn child is not void as it has to be construed as a transfer to wife in trust for herself and children to be born to her and the donor subsequently - Such a gift can also be construed as a gift to the thavazhi of the wife if elements of thavazhi exist...........
Transfer of Property Act, 1882, Section 13 -- Gift to unborn person - S.13 contemplates creation of a trust for the transfer for benefit of unborn person...........
Transfer of Property Act, 1882, Section 122, 127 -- Gift to a minor - Minor himself/herself can also accept the gift especially a non onerous gift - Even if the minor was not accepting the gift his/her parents can accept the gift on behalf of the minor...........
