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AMARJOT BHATTI
Surjit Kaur – Appellant
Versus
Chint Kaur (Since Deceased Through Legal Heirs Surjit Kaur and Bhajan Kaur) – Respondent
JUDGMENT
Amarjot Bhatti, J.
The appellant/plaintiff - Surjit Kaur has filed Regular Second Appeal against impugned judgment and decree dated 18.09.2015 passed by learned Additional District Judge, Rupnagar vide which the appeal preferred by Surjit Kaur plaintiff was dismissed and the judgment and decree dated 28.07.2014 passed by learned Civil Judge (Junior Division), Anandpur Sahib dismissing the suit filed by the plaintiff was upheld.
2. The brief facts of the case are that the plaintiff Surjit Kaur had filed suit for declaration that she is joint owner/co-sharer in joint possession of the land measuring 104 kanals - 4 marlas as mentioned in head note of the plaint situated at village Bela Ramgarh, Tehsil Anandpur Sahib, District Ropar as per jamabandi for the year 2002-03 and five number of gift deeds all dated 30.05.2005 alleged to be executed by defendant No. 1 in favour of defendant No. 2 and the mutation numbers 2756, 2757, 2758, 2760 and 2761 and the revenue record showing defendant No. 2 as owner in possession on the basis of alleged five gift deeds are wrong, illegal, null, incompetent, forged, fabricated, result of fraud, without consideration and are not binding upon the
The court upheld the validity of gift deeds executed by a competent donor, emphasizing the necessity of substantial evidence to prove claims of fraud or undue influence.
Hindu Succession – After coming into force of Hindu Succession Act 1956, Mulla’s Hindu Law is no more applicable in matter of succession.
A Kartha of a Hindu Joint Family cannot gift joint family property without the consent of other coparceners, rendering such a Gift Deed invalid.
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....
An unregistered gift deed does not confer title to real property, necessitating proper registration and the inclusion of all necessary parties in a suit for declaration.
The main legal point established is the application of the principles of granting interlocutory injunction, emphasizing the need to protect the plaintiff against irreparable injury and injustice.
The court affirmed that the burden of proof lies with the claimant to establish the validity of a Will, which was not met by the appellant in this case.
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