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IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI
VENUTHURUMALLI GOPALA KRISHNA RAO
J. Ifthakar Hussain – Appellant
Versus
Gulla Basha – Respondent
JUDGMENT :
Venuthurumalli Gopala Krishna Rao, J.
This second appeal under Section 100 of the Code of Civil Procedure is filed aggrieved against the judgment and decree, dated 29.11.2024, in A.S.No.37 of 2013, on the file of the II Additional District Judge, at Adoni, Kurnool District, confirming the judgment and decree, dated 03.06.2013, in O.S.No.111 of 2009, on the file of the Senior Civil Judge, Adoni, Kurnool District.
2. The plaintiffs initiated action in O.S.No.111 of 2009, on the file of the Senior Civil Judge, Adoni, Kurnool District, with a prayer for declaration of their right and title over the plaint schedule property and for recovery of possession, and for arrears of rent and for costs.
3. The O.S.No.111 of 2009, on the file of the Senior Civil Judge, Adoni, Kurnool District, partly decreed the suit with proportionate costs. Felt aggrieved of the same, the unsuccessful defendants in the above said suit filed the aforesaid appeal before the first appellate Court. The learned II Additional District Judge, at Adoni, Kurnool District, dismissed the appeal with costs by confirming the judgment and decree passed by the learned trial Judge. Aggrieved thereby, the defendants app
The validity of a registered gift deed does not require consideration, as long as possession is delivered, confirming property rights to the donee.
A registered gift deed cannot be revoked or cancelled unilaterally without the consent of the donee. Such unilateral cancellation deed does not bind the donee.
The absence of essential elements for a valid gift deed under Mohammedan law led to the dismissal of the suit due to limitations.
A gift deed executed by a party without valid title is void; ownership must be established through a registered document as per the Transfer of Property Act.
Point of Law : Gift of an undivided share (mushaa) in property which is capable of division is irregular (fasid), but not void (batil).
A legal right to a permanent injunction exists to protect lawful possession from interference, irrespective of ownership claims.
A valid gift under Mohammedan Law requires declaration, acceptance, and delivery of possession; failure to meet these criteria results in the transaction being invalid.
The main legal point established in the judgment is that a valid gift deed passes a title in favor of the donees, and subsequent deeds or Wills may be invalid if not proven.
Unilateral cancellation of a registered gift deed is invalid without specific grounds for revocation under law, reaffirming 'possession follows title'.
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