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Josekutty – Appellant
Versus
Tom Sojan – Respondent
JUDGMENT :
Sathish Ninan, J.
The suit for cancellation of Exts.A7 to A9 Gift Deeds was dismissed by the trial court. The second plaintiff is in appeal.
2. The first plaintiff is the mother of the second plaintiff. The first defendant is another son of the first plaintiff. The second defendant is the wife of the first defendant. The third defendant is the daughter of defendants 1 and 2.
3. The plaint consists of three items of properties as described in plaint schedule item Nos.1 to 3. Plaint schedule item No.1 is an extent of 38.60 Ares with a residential building thereon. Plaint schedule item No.2 property is 7.65 Ares and plaint schedule item No.3 property is 26.80 Ares with improvements thereon.
4. On 10.08.2004, the first plaintiff executed Ext.A7 Gift Deed with regard to plaint schedule item Nos.1 and 2 properties in favour of the first defendant, Ext.A9 Gift Deed in favour of the second plaintiff with regard to 10 cents = 4.05 Ares out of plaint schedule item No.3 property, and Ext.A8 in favour of the third defendant for the remaining extent out of the third schedule. The suit was filed seeking to set aside the gift deeds. In the suit, the first plaintiff mother was sought to be r
The court ruled that mere influence does not constitute undue influence under Section 16 of the Indian Contract Act, and the evidence did not support claims of mental incapacity.
The court emphasized that for claims of undue influence, specific evidence must be provided, and familial relationships alone do not presume such influence, affirming the validity of the executed Set....
The burden of proof lies on the party claiming undue influence to establish that the other party had the ability to dominate their will, which was not proven in this case.
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....
The cancellation of a gift settlement deed is invalid if the donor reserves no right to revoke it, and the burden of proving absence of undue influence lies on the beneficiary.
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....
Gift Deed - Free consent - There is nothing on record to establish that amount admittedly paid by DW1 is a consideration sufficient and satisfactory for transaction covered by registered document - A....
The court ruled that a gift deed requires valid execution, while stating possession need not be transferred for validity, and that unprobated wills are valid in specific jurisdictions under the India....
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