Back
TIRUMALA DEVI EADA
J. Ramchander – Appellant
Versus
Janabai – Respondent
JUDGMENT
This is an appeal filed by the appellants, being aggrieved by the judgment and decree, dated 06.09.2019 passed in O.S.No.282 of 2010 by the learned I Senior Civil Judge, City Civil Court, Hyderabad (for short “the trial Court”).
2. The appellants herein are the defendants and the respondents are the plaintiffs before the trial Court. The parties herein are referred to as they were arrayed in the suit before the trial Court for the sake of convenience and clarity.
3. The case of the plaintiffs before the trial Court is that the plaintiff No.1 is the wife of deceased J.Ramulu and plaintiff No.2 is his daughter. Defendant No.1 is the younger brother of Ramulu and defendant No.2 is son of defendant No.1. It is their case that during his life time Ramulu purchased an open plot from Padmashali Housing Cooperative Housing Society through a registered sale deed during 1979 and thereafter, he constructed ground and first floor and the house number was allotted as No.1-3-1/A/42. Ramulu and plaintiffs were residing in the suit schedule property and defendant No.1 who is the younger brother of Ramulu used to stay with them since his childhood as their father passed away when Ramulu wa
Cancellation of gift deed – If a document is void against a person he is entitled to seek for its cancellation.
The court held that a gift deed executed under a misunderstanding of its implications is void, emphasizing the burden of proof lies on the propounder to validate such documents.
Unilateral cancellation of a registered gift deed is invalid without specific grounds for revocation under law, reaffirming 'possession follows title'.
The validity of a registered gift deed does not require consideration, as long as possession is delivered, confirming property rights to the donee.
A registered gift deed cannot be unilaterally revoked; cancellation requires judicial intervention to be valid.
The court upheld the validity of the gift deed, finding no evidence of fraud or coercion in its execution.
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.
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
