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IN THE HIGH COURT OF DELHI AT NEW DELHI
BIMAL ROY GAMBHIR – Appellant
Versus
DILIP GAMBHIR & OTHERS – Respondent
| Table of Content |
|---|
| 1. plaintiff seeks decree declarations and partition. (Para 1) |
| 2. legal heirs and ownership details of property established. (Para 2 , 3 , 4 , 5 , 6 , 7) |
| 3. legal notice sent for partition after refusal. (Para 8 , 9 , 10) |
| 4. defendants assert ownership rights over the property. (Para 11 , 12 , 13 , 14 , 15) |
| 5. dispute on validity of the gift deed and possession. (Para 20 , 21 , 22) |
| 6. testimony shortcomings and evidentiary assessment. (Para 23 , 24 , 33 , 34) |
| 7. plaintiff failed to prove gift deed was fraudulent; importance of proper execution highlighted. (Para 35 , 36 , 41 , 42 , 43 , 44) |
JUDGMENT :
SUBRAMONIUM PRASAD, J.
1. The Plaintiff has approached this Court with the following prayers:-
"(i) Pass a Decree of Declaration in favour of the plaintiff and against the defendants thereby declaring absolutely false, forged and fabricated Gift Deed dated 16.01.1987 and registered at Sub-Registrar, Delhi on 16.01.1987 as document no. 529 entered in Additional Book No. 01, Volume No. 5071 on pages 168 to 171, Conveyance Deed dated 17.01.2002 from DDA and registered at Sub-Registrar-VII, New Delhi on 18.01.2002 as document no. 19896 entered in Additional Book No. 01, Volume No. 7
A gift deed executed by a deceased, if validly registered and accepted, cannot be dismissed without substantial proof of fraud or forgery.
The plaintiff failed to prove joint ownership of the property or contribution to its acquisition, affirming that self-acquired property cannot be claimed as joint without evidence.
The burden of proof lies on the person asserting a fact until it is discharged, and no party can travel beyond its pleading.
Section 111 of Evidence Act States as proof of good faith in transactions where one party is in relation of active confidence.
The court upheld the validity of a registered deed of gift, emphasizing that the Defendant's signature estopped him from disputing its execution, while also dismissing claims based on an unregistered....
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