L.NAGESWARA RAO, HEMANT GUPTA
Govindbhai Chhotabhai Patel – Appellant
Versus
Patel Ramanbhai Mathurbhai – Respondent
Certainly. Based on the provided legal document, the key points are as follows:
The burden of proving the validity of a deed, such as a gift deed, lies on the party challenging it, especially when the deed has been properly executed and registered (!) .
If a fact is not specifically denied in pleadings, it is deemed to be admitted by the opposing party, and an evasive or general denial does not suffice to challenge the fact (!) (!) .
The property in question was purchased by the grandfather of the plaintiffs, and upon his death, it was inherited by the Donor through a testamentary disposition. Such self-acquired property of the Donor was within his full rights to dispose of via gift, and it was not necessarily ancestral property (!) (!) (!) .
The legal principle affirms that a self-acquired property can be gifted by the owner to any person, including strangers, and such property remains self-acquired in the hands of the donee, unless there is clear evidence to the contrary (!) (!) (!) .
The character of the property—whether ancestral or self-acquired—depends on the mode of acquisition and the intention of the original owner. A gift or bequest by a father to his son does not automatically convert self-acquired property into ancestral property in the hands of the son (!) (!) .
When a gift deed is registered in accordance with legal requirements, and there is no specific denial of execution, it is not necessary for the defendant to examine attesting witnesses to prove the deed’s validity (!) (!) (!) .
A specific denial of execution, as opposed to a general denial, is required to invoke the provisions that mandate examining attesting witnesses. Mere doubts or allegations of forgery without concrete evidence do not suffice to prove the deed was forged (!) (!) .
The burden of proving forgery or fabrication of a gift deed rests on the party claiming it was forged. In the absence of expert evidence or specific denial of execution, the validity of the deed is presumed, especially when the deed is registered and all legal formalities are fulfilled (!) (!) .
The absence of evidence of forgery, coupled with the proper registration of the deed and the absence of a specific denial of its execution, leads to the conclusion that the gift deed is valid and duly executed (!) (!) .
The court’s findings must be supported by evidence, and when the evidence shows that the property was self-acquired and the deed was properly executed, there is no ground for interference. The appeal was accordingly dismissed (!) (!) (!) .
These points collectively emphasize that the validity of a gift deed depends on proper execution, registration, and the absence of specific denial or evidence of forgery. The legal principles uphold the rights of the owner to dispose of self-acquired property freely, and the burden of proof remains on the challenger to establish any irregularities or invalidity.
JUDGMENT :
HEMANT GUPTA, J.
1. Leave granted.
2. The order passed by the High Court of Gujarat on September 5, 2018 in second appeal is the subject matter of challenge in the present appeal on behalf of the plaintiffs-appellants.
3. The appellants are sons of Chhotabhai Ashabhai Patel [for short ‘Donor’] who died on December 6, 2001. During his life time, he purportedly executed a gift deed dated November 15, 1977 in favour of defendant Ramanbhai Mathurbhai Patel [for short ‘Donee’].
4. The parties went to trial on the following issues:
(i) Whether the plaintiffs prove that the disputed gift deed is fabricated?
(ii) Whether the plaintiffs prove that the suit properties are ancestral properties and late Chhotabhai Ashabhai had no right to execute the gift deed?
(iii) Whether the plaintiffs prove that the defendant has no right, title or interest over the said property?
(iv) Whether the plaintiffs prove that they are entitled to get the relief as prayed for?
(v) Whether the defendant proves that the plaintiffs have no right to file the present suit?
(vi) What order and decree?
5. The High Court framed five substantial questions of law and after giving findings on such substantial questions of la
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