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IN THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM & ARUNACHAL PRADESH)
ROBIN PHUKAN
Labanya Das, W/o. Umesh Chandra Das – Appellant
Versus
Manjula Das, D/o. Late Rajani Kanta Das – Respondent
| Table of Content |
|---|
| 1. legal reasoning regarding fraud and evidence. (Para 2 , 3 , 15 , 16) |
| 2. background facts of the suit (Para 4) |
| 3. legal grounds for appeal raised by appellant (Para 5) |
| 4. background facts involving property dispute. (Para 6) |
| 5. court acknowledges fraud argument (Para 10 , 14) |
| 6. legal standards for the execution of gift deeds (Para 11 , 12 , 13) |
| 7. appeal dismissed due to lack of substantial questions of law (Para 18) |
ORDER :
(ROBIN PHUKAN, J.)
Heard Mr. A. Ikbal, learned counsel for the appellant.
2. This second appeal, under Section 100 of the CPC, is directed against the judgment dated 18.12.2024, passed by the learned Civil Judge (Senior Division) No. 1, Kamrup(M), Guwahati, in Title Appeal No. 52/2019.
3. It is to be noted here that vide impugned judgment dated 18.12.2024, the learned Civil Judge (Senior Division) No. 1, Kamrup(M), Guwahati (‘first appellate Court’, for short) had upheld and affirmed the judgment and decree dated 27.11.2019, passed by the learned Civil Judge (Junior Division) No. 1, Kamrup(M), Guwahati (‘trial Court’, for short), in Title Suit No. 540/2009.
4. The background facts, leading to filing of the present appeal, are briefly stated as under:
“T
A gift deed's execution need not be proved by attesting witnesses if not denied; the burden of proving fraud rests on the plaintiff, which was not established.
Section 111 of Evidence Act States as proof of good faith in transactions where one party is in relation of active confidence.
Point of Law : Essential conditions of a valid attestation under Section 3 of Act are : (1) two or more witnesses have seen the executant sign instrument or have received from him a personal acknowle....
The court affirmed the validity of a gift deed executed by a minor's grandmother, ruling it was properly attested and accepted by the minor's father as her natural guardian.
The central legal point established in the judgment is the importance of proper execution and attestation of gift deeds, the reversal of onus in cases of undue influence, and the need to consider the....
Proper attestation under Section 123 of the Transfer of Property Act requires an attesting witness to sign with the intent to attest; lacking such intent invalidates the deed.
Settlement deed invalid without proof of attestation under Section 68, Evidence Act; scribe not attesting witness without animo attestandi.
In fiduciary relationships, the burden of proof shifts to the party in a position of active confidence to prove the good faith of the transaction.
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