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A. P. THAKER
Parvatiben Ishwarbhai – Appellant
Versus
Kashiben Chaturbhai Patel – Respondent
JUDGMENT :
1. The present Second Appeal under Section 100 of the Code of Civil Procedure is preferred by the original defendant against the judgment and decree dated 28.12.1993 passed by the Assistant Judge, Bharuch in Regular Civil Appeal No.95 of 1988 reversing the judgment and decree passed by the learned Civil Judge, Junior Division at Bharuch in Regular Civil Suit No.374 of 1984 dismissing the suit of the plaintiff. It is contended that the Appellate Court has erred in reversing the judgment and decree of the Trial Court which has dismissed the suit of the plaintiff. It is contended that the Appellate Court has erred in holding that the predecessor of the original plaintiff had no right, title or interest, to execute the gift deed of his share in favour of the original plaintiff. It is contended that it ought to have been held that the plaintiff is the owner of the one half of the suit property and he is entitled to get his share by metes and bounds of the suit properties. It is also contended that the Appellate Court ought to have held that the original defendants have failed to prove that the suit property has come to them by process of oral partition. It is also contended th
The main legal point established in the judgment is that a family arrangement deed indicating a prior oral partition, lack of possession by the donor at the time of executing the gift deed, and the d....
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.
A deed of gift is irrevocable unless legally revoked, and a family arrangement cannot supersede it without proper grounds.
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....
The court upheld the validity of an oral gift under Mohammedan Law and confirmed that the Indian Succession Act applies to property succession due to marriage registration under the Special Marriage ....
The court upheld the validity of an oral gift under Mohammedan Law, determining that succession to the property of the donee is governed by the Indian Succession Act due to the registered marriage un....
A gift deed is ineffective if the donor lacks title to the property, as established by evidence indicating a prior family partition.
Gift deed / Settlement deed – ‘Consideration’ need not always be in monetary terms – It can be in other forms as well.
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