Back
T. MALLIKARJUNA RAO, T. MALLIKARJUNA RAO
Sayyed Shabbir – Appellant
Versus
Kueshid Begum @ Kulsum Beedi – Respondent
JUDGMENT
Feeling aggrieved and dissatisfied with the Judgment and Decree dt.22.06.2000 in O.S. No.95 of 1995 passed by the Principal Senior Civil Judge, Tenali (for short “the trial court”) by which the suit is decreed for recovery of possession and mesne profits, the defendants therein have preferred the present appeal.
2. For convenience, the parties will hereinafter be referred to as arrayed in the suit.
3. The plaintiff filed a suit seeking recovery of possession and mesne profits. In the nutshell, the averments in the plaint are to the affect that, the plaintiff is the absolute owner of the plant schedule property; on 27.08.1984 (in the plaint, the date of the gift deed is mistakenly mentioned as 27.08.1994), she executed a gift deed in respect of the plaint schedule property in favour of her son i.e. the first defendant, to facilitate him to take the loan from the Government. Even after the gift, the plaintiff continued in possession and enjoyment of the plaint schedule property by paying taxes. Among Muslims the gift becomes invalid if possession of property under gift deed is not delivered. The first defendant acquired no title to the plaint schedule property
(a) On 15.01
(1) Gift – Procedure prescribed under Transfer of Property Act in relation to gifts doesn’t apply to gifts made by persons professing Islam.(2) Once title in respect of property is transferred throug....
The validity of a registered gift deed does not require consideration, as long as possession is delivered, confirming property rights to the donee.
The main legal point established in the judgment is that a valid gift deed passes a title in favor of the donees, and subsequent deeds or Wills may be invalid if not proven.
The revocation of a settlement deed must be justified under the legal provisions, and the court will consider evidence and legal principles to determine the validity of such revocation.
Section 11 of Transfer of Property Act embodies principles of universal application that when main object of transferor is to make an absolute transfer, an inconsistent provision therein cannot be gi....
The court established that an oral gift requires clear proof of declaration, acceptance, and delivery of possession to be valid, which was not met in this case.
An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers
Please visit our Training & Support
Center or Contact Us for assistance
Scan Me!
India’s Legal research and Law Firm App, Download now!
For Daily Legal Updates, Join us on :
Back to top
