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IN THE HIGH COURT OF KARNATAKA, KALABURAGI BENCH
Shivashankar Amarannavar
Shree Shantagangadhar Swamigalu – Appellant
Versus
Bheemappa, S/O Rayappa Dalawai – Respondent
JUDGMENT :
Shivashankar Amarannavar, J.
1. This appeal is filed by the appellants/defendant Nos.1 and 2, praying to set aside the Judgment and decree dated 13.04.2018 passed in R.A.No.138/2011 by the I Additional District Judge, Vijayapura, (for short ‘first appellate Court’) and Judgment and decree dated 16.08.2011 passed in O.S.No.243/2011 (old No.222/2004) of Senior Civil Judge, Basavana Bagewadi, (for short ‘the trial Court’) and to dismiss the suit of the plaintiff/respondent No.1.
2. The appellants were the defendant Nos.1 and 2, respondent No.1 was plaintiff and respondent Nos.2 and 3 were defendant Nos.3 and 4 in O.S.No.243/2011 (old No.222/2004).
3. The plaintiff has filed the suit for the relief of declaration that plaintiff is the owner of suit schedule property bearing Survey No.235/2 measuring 2 acres holding that gift-deed in favour of defendant No.1 is obtained by fraud and misrepresentation; to declare that the sale deed executed by defendant No.1 in favour of defendant No.2 is illegal, null & void and to hand over the possession of suit schedule property to the plaintiff; alternatively, if Court comes to the conclusion that plaintiff has no right to get back the posses
The court established that an unconditional gift deed may be revoked if the intent behind the gift is not fulfilled, especially when fraud or misrepresentation is involved.
A conditional gift reverts to the donor or their legal representatives upon breach of specified conditions, and the suit for cancellation is governed by Article 66 of the Limitation Act, allowing 12 ....
The absence of essential elements for a valid gift deed under Mohammedan law led to the dismissal of the suit due to limitations.
The burden of proving fraud or misrepresentation in executing a gift deed lies with the plaintiff, and mere assertions without credible evidence are insufficient to invalidate the deed.
A registered gift deed cannot be unilaterally revoked; cancellation requires judicial intervention to be valid.
(1) Female Hindu succession – Adopted child shall not divest any person of any estate which vested him or her before adoption – Adoption by a widow would relate back to date of death of her husband, ....
A gift under Sec. 123 of the Transfer of Property Act requires acceptance by the donee and the original gift deed must be produced to establish its validity; failure to do so undermines the claim of ....
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.
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