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1972 Supreme(Guj) 59

B.J.DIVAN, M.U.SHAH
PRANLAL JAYANAND THAKORE – Appellant
Versus
VASUDEV RAMCHANDRA SHELAT – Respondent


Advocates Appeared: J.M.THAKAR, S.B.VAKIL, V.H.BHAIRAVIA

B. J. DIVAN, M. U. SHAH, J.

( 1 ) [ His Lordship after considering the evidence held that Bai Ruxmani got an absolute estate in the movables conveyed to her by different clauses of the will executed by Uttamram Mayaram Thakar and the giftover in favour of Jamietram under clause 11 was null and void and had no effect in law so far as the movables disposed of by the will were concerned. His Lordship further observed: ]

( 2 ) THAT takes us to the question regarding the effect of the gift deed of Bai Ruxmani in favour of Vasudev Shelat. In this connection we have to consider the question from different angles. Firstly we have to consider as to what is the legal effect of the Registered Gift Deed Ex. 81s by which Bai Ruxmani purported to make a gift of the different shares enumerated therein in favour of her brother Vasudev Shelat. Secondly we have to consider in the light of the clauses of that gift deed as to what is the effect of share-certificates and scripts pertaining to these shares mentioned in the gift deed having been handed over to Vasudev Shelat during the life-time of Bai Ruxmani at or about the time when the registered gift deed Ex. 815 was executed on March 6 1948; and last
























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