Back
IN THE HIGH COURT FOR THE STATE OF TELANGANA AT HYDERABAD
B.R.MADHUSUDHAN RAO
Tirunagari Venkateshwarlu – Appellant
Versus
Rajput Vijaya Bai, (maidan name) Tirunagary Vijaya Bai (Died per LR’s), Represented by her daughter And G.P.A. Holder – Respondent
JUDGMENT :
B.R.MADHUSUDHAN RAO, J.
1. This Memorandum of Civil Appeal is filed under Section 96 of Civil Procedure Code, 1908, assailing the judgment and decree passed by the II Additional District Judge, Ranga Reddy District at L. B.Nagar, Hyderabad, in OS.No.1226 of 2013, dated 18.11.2019.
2. Appellants are defendant Nos.1 and 2. Respondent No.1 is the sole plaintiff in OS.No.1226 of 2013.
3. During pendency of the Appeal, respondent No.1 died and her LRs are brought on record as respondent Nos.2 and 3. Respondent No.2 is the GPA holder of respondent No.1 at the time of filing the suit.
4.1. Respondent No.1-plaintiff through her GPA holder Smt. P.Manjula has filed suit for declaration, partition, separate possession and for perpetual injunction under Order 7 Rule 1 r/w Section 26 of CPC with a prayer to pass a judgment and decree declaring the gift settlement deed, dated 17.12.2012 vide document No.6959 executed by defendant No.1 (appellant No.1 herein) in favour of defendant No.2 (appellant No.2 herein) as null and void, to pass a decree for partition by allotting half share to the plaintiff (respondent No.1 herein) and to grant perpetual injunction restraining the defendants (appell
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 ....
Daughters have equal rights as sons in ancestral property under the Hindu Succession Act, 2005, regardless of prior claims of partition.
In a suit for partition, all necessary parties and joint family properties must be included. If the suit is incomplete, the court should defer the judgment and allow the plaintiff to include the omit....
The necessity to provide evidence of entitlement to ancestral property and the importance of including all relevant parties in a partition suit.
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
