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ANDHRA PRADESH HIGH COURT
S. R. Sinha, J
Fazalullah Khan v. State of Andhra Pradesh and Others
| Table of Content |
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| 1. gift deed necessitates delivery of possession for validity. (Para 1 , 2 , 3) |
| 2. unilateral deed cancellation lacks validity without mutual consent. (Para 4 , 5) |
| 3. legal framework for gifts applies equally under personal law. (Para 6 , 9 , 10 , 11 , 12) |
| 4. supreme court's ruling on deed cancellation rules applies to gifts. (Para 13 , 14 , 15) |
| 5. court affirms validity of original gift deed. (Para 16 , 17) |
1. Petitioner is the younger brother of respondent No.3. The latter owned the property bearing No. 17-5-551 near Bungalow Bini, Dabeerpura, Hyderabad. He executed a gift deed, dated 19-7-2006, in favour of the petitioner. There is a recital to the effect that possession of the property is delivered to the petitioner on the same day.
2. The petitioner contends that after the gift became complete with the delivery of possession, entries were made in his name, in the municipal records. He states that the ration card and other amenities are extended to him with reference to the address of the said house and that he is paying the electricity and other charges for the property.
3. Respondent No. 3 executed a deed of cancellation on 26-11-2010 cancelling the gift deed, date
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