Back
M. G. PRIYADARSINI
Atherullah Khan – Appellant
Versus
Abdul Fatah Faziur Rahman Khan – Respondent
JUDGMENT :
(M.G. Priyadarsini, J.)
1. The present appeal is directed by the defendants against the judgment and decree dated 18.10.2022 in O.S.No.88 of 2013 (hereinafter will be referred as 'impugned judgment') on the file of learned IV Additional District Judge, Mahabubnagar (hereinafter will be referred as 'trial Court'), whereby the suit of the plaintiff to declare him as owner of the suit schedule property and recovery of possession, was decreed.
2. For the sake of convenience, hereinafter, the parties will be referred as per their array before the learned IV Additional District Judge, Mahabubnagar.
3. The brief facts of the case, which necessitated the defendants to file the present appeal are that the sole plaintiff filed suit for declaration and recovery of possession in respect the suit schedule property against defendant Nos.1 to 4. The brief averments of the plaint are as under:
a) The father of the plaintiff and father of defendant No.1 are real brothers. The father of plaintiff was a Government Teacher and whereas the father of the defendant No.1 was a un-employee having no skill in any field. The father of the plaintiff purchased and extent of 540 square yards under regist
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.
A gift under Sec. 123 of the Transfer of Property Act requires acceptance by the donee and the original gift deed must be produced to establish its validity; failure to do so undermines the claim of ....
Unregistered gift deeds under Mohammedan law do not require registration to be valid, affirming that both oral and written gifts are effective without registration.
A gift under Mohammedan Law is valid without registration if accompanied by declaration, acceptance, and delivery of possession.
The plaintiff failed to prove joint ownership of the property or contribution to its acquisition, affirming that self-acquired property cannot be claimed as joint without evidence.
The absence of essential elements for a valid gift deed under Mohammedan law led to the dismissal of the suit due to limitations.
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
