AI Overview...
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Gift Deed Not Binding - Multiple sources indicate that gift deeds are often deemed not binding on the recipients or other co-owners, especially if the gift is challenged or found invalid under Hindu law or due to procedural issues. Courts have held that such deeds do not extinguish the right of other heirs or co-owners to partition or claim their share Jaggavarapu Krishna Reddy VS Jaggarvarapu Chittemma - Andhra Pradesh, Chuni Lal VS Saraswati - Jammu and Kashmir, Karan Chabria VS Yashwant Chabria - Calcutta, Chandeshwar Prasad VS Most. Jeera Devi - Patna, Melappa and Anr VS Guramma - Bombay, M. S. SHEKHARAPPA VS VEERAMMA - Karnataka, Pootharaju Papayamma VS Mallapragada Gopalakrishnamurty - Andhra Pradesh, Sukanti Dei @ Samantara VS Chhabirani Majhi - Orissa, SMT.MANGALAMMA vs SRI.NANJUNDAPPA - Karnataka, Radhika Devi VS Bajrangi Singh - Supreme Court.
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Right to Partition - Even if a gift deed is executed, it does not necessarily bar the right to seek partition of the property. Courts have recognized that parties can partition the estate among themselves, but such partition does not override the right of co-owners or heirs unless the gift is valid and binding Chuni Lal VS Saraswati - Jammu and Kashmir, Karan Chabria VS Yashwant Chabria - Calcutta, Sukanti Dei @ Samantara VS Chhabirani Majhi - Orissa.
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Effect of Invalid or Void Gift Deeds - Courts have consistently held that invalid or void gift deeds are not binding on other parties and do not affect their rights to partition or possession. Recitals in a gift deed are not conclusive of ownership or right to possess, especially if the deed is challenged or found to be invalid Karan Chabria VS Yashwant Chabria - Calcutta, Sukanti Dei @ Samantara VS Chhabirani Majhi - Orissa, Pootharaju Papayamma VS Mallapragada Gopalakrishnamurty - Andhra Pradesh.
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Legal Proceedings and Challenges - Courts have allowed suits for partition even when gift deeds are involved, provided the deeds are disputed or declared invalid. The courts emphasize that the primary focus is on the actual rights of parties, not on invalid deeds Melappa and Anr VS Guramma - Bombay, M. S. SHEKHARAPPA VS VEERAMMA - Karnataka, Radhika Devi VS Bajrangi Singh - Supreme Court.
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Summary - Overall, gift deeds are often not binding on other co-owners or heirs if challenged or invalidated, and the right to partition remains unaffected. Courts prioritize the actual ownership rights and legal validity over the deed's recitals or purported transfers all references.
Conclusion: Gift deeds, unless valid and binding, do not extinguish the right of other parties to seek partition or claim their share in the property. Courts tend to uphold the rights of co-owners or heirs to partition the estate regardless of the existence of challenged or invalid gift deeds.
Search Results for "Gift Not Binding on my Right and Partition"
1997 0 Supreme(AP) 1263 • India - Andhra Pradesh
B.K.SOMASEKHARA
declaration that gift deed not binding on them as they have right and title to suit schedule property ... to 1/3 share in suit schedule properties and gift deed not binding on them - First appellate court set aside ... HINDU LAW - --JOINT FAMILY - Partition - Interpretation of documents - Father a....
1976 0 Supreme(J&K) 3 • India - Jammu and Kashmir
JASWANT SINGH
The court also held that the gift made by the widow was not binding on the surviving widow and that the suit was not time-barred. ... They can partition the estate among themselves, but such partition does not destroy the right of survivorship unless there is an ... Finding of the Court: The court held that the partition#H....
2022 0 Supreme(Cal) 1352 • India - Calcutta
SOUMEN SEN, SIDDHARTHA ROY CHOWDHURY
void, ineffective and not binding upon plaintiff - Held, Recitals in deed of gift are not conclusive of right to possess areas presently ... - Decree for partition - Deed of gift was challenged by Charan prayed inter alia, for a preliminary decree for partition declaring ... under occupation of parties in a suit for partition, as natu....
2010 0 Supreme(Pat) 1619 • India - Patna
MUNGESHWAR SAHOO
by Defendant No. 1 in favor of Defendant No. 2 was not binding on the Plaintiffs. ... Partition - Property Dispute - [Hindu Law, Partition, Gift Deed] - The court discussed the Hindu Law regarding partition and gift ... Finding of the Court: The court found that there was no valid partition between the widows and held that the #HL_S....
1955 0 Supreme(Bom) 88 • India - Bombay
Y.V.DIXIT, H.K.CHAINANI
Final Decision: Decree for partition passed. Deeds of gift not binding on adopted son. ... property for pious purposes - Gift for maintenance of daughter not valid - PARTITION - Alienations by father not binding on son ... ADOPTION - Factum of adoption proved - Adoption invalid - ALIENATION - Deeds of gift #HL_START....
2015 0 Supreme(Kar) 121 • India - Karnataka
A.S.BOPANNA
In that view, partition and separate possession of one half of property was sought by holding gift deed as not binding. ... Cause of action arose when defendant claimed right under gift deed. ... Non-impleadment of daughters of adopter to suit, is not fatal. ... binding. ... of defendant No.2 is not binding on the sh....
1968 0 Supreme(AP) 140 • India - Andhra Pradesh
A.V.KRISHNA RAO
The trial court dismissed the suit, holding that the deed of gift was invalid and not binding on the defendants. ... They only acquired the right to compel a partition. ... OF PREDECEASED SON TO CHALLENGE - EXTENT OF INTEREST ACQUIRED BY WIDOW - RIGHT TO CLAIM PARTITION - POSSESSION OF ALIENATED PROPERTY ... invalid and not binding on....
2017 0 Supreme(Ori) 1227 • India - Orissa
A.K.RATH
deeds were void, inoperative, and not binding, and for recovery of possession and permanent injunction. ... Finding of the Court: The appellate court held that there was no partition between the parties, the properties are ... still joint, and Gurei had no right to execute the gift deed in favor of others. ... deed dated 1.11.1983 executed by defendant no.1 in favour of defendant no.26....
2025 Supreme(Online)(Kar) 18374 • India - Karnataka High Court
MR. JUSTICE S RACHAIAH, J
No.1 in favor of defendant No.4 was not binding on the plaintiff’s right. ... The plaintiff sought legal partition as the defendants refused voluntary partition. ... no joint possession - Trial Court decreed the suit for partition in favor of plaintiff, stating the Gift Deed executed by defendant ... Further, the Trial Court declared that, gift deed da....
1996 2 Supreme 321 • India - Supreme Court
G.B.PATTANAIK, K.RAMASWAMY, P.VENKATARAMA REDDI, ARIJIT PASAYAT
and not binding-Allowed by Trial Court Disallowed by High Court-Appeal to Supreme Court-Whether amendment was rightly refused by ... Civil Procedure Code, 1908- Order 6, Rule 17-Amendment of Pleadings-Partition ... Suit-Written statement-Defence of a registered gift deed in 1988-Amendment sought in 1992 about declaration that gift deed was fraudulent ... The appellant has instituted Partition#HL....
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