Advocates appeared:
For the Appellant(s) : Mr. Balaji Subramanian, Adv. Mr. A. Lakshminarayanan, AOR Mr. S.nagamuthu, Sr. Adv. Mr. G. Balaji, AOR
For the Respondent(s): Mr. V. Prabhakar, Sr. Adv. Ms. Ruchi, Adv. Mr. Arimardhan Sharma, Adv. Ms. Mrinalini Ramesh, Adv. Mr. Shashi Bhushan Kumar, AOR

What is the definition of 'consideration' in the context of a gift deed or settlement deed? What are the grounds for interference by a High Court in a second appeal when lower courts have reached concurrent findings of fact? What constitutes a substantial question of law for the maintainability of a second appeal?

Key Points: - 'Consideration' for a gift deed or settlement deed need not always be monetary; it can be in other forms [p_15.4] (!) . - A transfer of property in favor of a daughter was recognized as valid consideration due to her care for the transferors and promise of future care and charitable work [p_15.4] (!) . - The High Court erred in taking a constricted view of 'consideration', especially in a family settlement [p_15.5] (!) . - The High Court should have demonstrated justification for reversing concurrent findings of fact by the lower courts [p_15.5] (!) . - A substantial question of law for a second appeal must not be previously settled by law, must have material bearing on the decision, and cannot be a new point raised for the first time unless it goes to the root of the matter [p_16.3] (!) (!) (!) . - The settlement deed was executed in recognition of the daughter's care for the transferors and her promise to continue doing so and to carry out charitable work [p_15.4] (!) . - The High Court's reversal of concurrent findings by the lower courts was not justified (!) (!) . - The daughter of the coparcener (now her heirs) is entitled to a 2/3rd share in the property [p_15.5] (!) . - The impugned judgment of the High Court was set aside, and the findings of the lower courts were restored [p_15.5] (!) . - The appeal was allowed (!) .

What is the definition of 'consideration' in the context of a gift deed or settlement deed?

What are the grounds for interference by a High Court in a second appeal when lower courts have reached concurrent findings of fact?

What constitutes a substantial question of law for the maintainability of a second appeal?