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SREENIVAS HARISH KUMAR, S. RACHAIAH
Dharmrao S/o Sharanappa Shabdi – Appellant
Versus
Syed Arifa Parveen W/o Mushtaq Ahmed – Respondent
JUDGMENT :
The respondent herein initially filed the suit for declaration of title in respect of 24 acres 28 guntas of land in Sy.No.107 of village Kusnoor, taluk and district Kalaburagi (for short, ‘suit property’) and perpetual injunction to restrain the defendants from disturbing her peaceful possession over the suit property. By amending the plaint, she claimed further declaration that three sale deeds dated 25.02.1995 executed by Abdul Basit in favour of the defendants did not bind her interest and that they were null and void.
2. For the sake of clarity and convenience, the parties are referred with respect to their ranks in the suit. Khudija Bee, the mother of the plaintiff became the owner of the suit property by virtue of a decree passed in O.S.No.68/1973. The plea put forward by the plaintiff was that her mother made oral gift of 10 acres of land out of the suit property in her favour on 05.12.1985 by delivering its possession to her and then on 05.01.1989, she executed a memorandum of gift evidencing the past oral gift. After the gift, there remained 14 acres 28 guntas in the possession of Khudija Bee. The plaintiff succeeded to the remaining extent of land of 14 acres 28
(1) Status of relationship – Opinion evidence – It is open to Supreme Court to interfere with findings of fact given by High Court if High Court has acted perversely or otherwise improperly.(2) Perce....
A plaintiff cannot establish ownership of immovable property without a registered deed, even if in physical possession, as per Sections 54 of the Transfer of Property Act and Section 34 of the Specif....
The court established that an oral gift requires clear proof of declaration, acceptance, and delivery of possession to be valid, which was not met in this case.
The main legal point established in the judgment is the requirement for clear and unambiguous intention of the donor, acceptance of the gift by the donee, and delivery of possession for a valid oral ....
An unregistered gift deed does not confer title to real property, necessitating proper registration and the inclusion of all necessary parties in a suit for declaration.
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