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IN THE HIGH COURT OF JUDICATURE AT PATNA
KHATIM REZA
Most. Lal Muni Devi, W/o. of Late Ramkishun Singh – Appellant
Versus
Murahu Singh, son of Ram Lochan Singh – Respondent
JUDGMENT :
KHATIM REZA, J.
This Second Appeal has been filed against the judgment and decree dated 04.05.2007 passed in Title Appeal No. 03/21 of 2005 by the learned Additional District Judge, Fast Track Court-Vth, Bhabua, Kaimur, whereby, the judgment and decree dated 18.12.2004 passed in Title Suit No. 201 of 1996 by the learned Munsif, Bhabua, Kaimur has been affirmed.
2. The plaintiff’s heirs are the appellants and the defendant is the respondent in the present appeal.
3. The present appeal was admitted on 26.10.2009 and following substantial questions of law were formulated while admitting the appeal:-
(i). Whether the court of appeal below itself finding impugned deed of gift dated 29.11.1976 (Exhibit 5) to be doubtful was justified in rejecting the claim of the plaintiff only on the basis of Exhibits D and E which were orders passed the by the Director of Consolidation and the High Court?
(ii). Whether the aforesaid orders (Exhibits D and E) being only on the question of sanction granted by the Consolidation authorities without going into the genuineness and validity of the deed of gift, the learned courts below were justified in refraining themselves from taking into consideratio
A gift deed of undivided interest in joint family property is void without consent of other coparceners, establishing the necessity for immediate possession for validity.
The validity of a gift of ancestral property under Mitakshara Hindu Law can be voidable if made without consent from all coparceners, and challenges to such gifts may be barred by limitation.
A Kartha of a Hindu Joint Family cannot gift joint family property without the consent of other coparceners, rendering such a Gift Deed invalid.
A Kartha of a Hindu joint family cannot gift joint family property without the consent of other coparceners, as such gifts are void.
A coparcener cannot make a gift of his undivided interest in the family property, and a gift must be of a reasonable extent.
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A managing member of a Hindu undivided family may validly gift joint property for charitable purposes without the consent of other coparceners, provided the purpose aligns with the definition of piou....
(1) Appreciation of evidence is an exercise based on facts and circumstances where preponderance of probability can take varying form and configurations.(2) Decision and determination of fact in issu....
A valid gift under Mohammedan Law requires declaration, acceptance, and delivery of possession, all of which must be sequentially satisfied.
The court ruled that disputed gift deeds require credible evidence for enforcement; joint property claims must prioritize actual possession and entitlement over mere assertions of gift.
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