Back
IN THE HIGH COURT FOR THE STATE OF TELANGANA AT HYDERABAD
Nagesh Bheemapaka
Jeevla – Appellant
Versus
Jadav Nisha Bai – Respondent
JUDGMENT :
Nagesh Bheemapaka, J.
This is an appeal filed by the defendant in O.S.No.51 of 2010 challenging the Judgment and Decree dated 21.10.2013 passed by the Judge, Family Court-cum-VII Additional District and Sessions Judge, Medak, at Sangareddy (for short, ‘the trial Court’). By the impugned Judgment, the trial Court allowed the Suit, declaring the plaintiff as the absolute owner of the land to an extent of Ac.2-10 guntas, in Survey No.+, Dharmasagar, Kandi village, Sangareddy mandal (for short, ‘suit schedule property’).
2. Heard Mr. R. Chandrashekar Reddy, learned counsel for the appellant/defendant; and Mr. A. Gokul, learned counsel for the respondent/plaintiff. Perused the record. For the sake of convenience, the parties will be referred as plaintiff, and defendant.
3. Brief facts of the case are that the plaintiff filed O.S.No.51 of 2010 before the trial Court, contending that she is the absolute owner and possessor of the agricultural dry land, to an extent of Ac.2-10 guntas, in Survey No.+, Dharmasagar, Kandi village, Sangareddy mandal; that in February 2004, due to her husband's serious health issues requiring frequent medical treatment, she was in urgent need of Rs. 3 la
The burden of proving fraud or misrepresentation in executing a gift deed lies with the plaintiff, and mere assertions without credible evidence are insufficient to invalidate the deed.
Section 111 of Evidence Act States as proof of good faith in transactions where one party is in relation of active confidence.
The court upheld the validity of the gift deed, finding no evidence of fraud or coercion in its execution.
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 main legal point established in the judgment is that the plaintiff proved her entitlement to seek cancellation of the gift deed, as it was vitiated by fraud and misrepresentation.
A registered gift deed cannot be unilaterally revoked; cancellation requires judicial intervention to be valid.
The plaintiff must establish how fraud was committed and the relevance of consensus ad idem in executing the sale deed in a property dispute.
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
