Gift Deed Archives

Can oral gift deed under Mohammedan Law reduced in writing on unregistered document be subjected to S. 47-A of Stamp Act? Allahabad HC answers

The proceedings under S. 33 of Stamp Act will be initiated and not under S. 47-A if gift deed requires for payment of stamp duty.

Case Briefs High Courts

Live-in-Relationship between married adult and unmarried adult is not in ‘nature of marriage’ giving rights to parties: Madras HC

Madras High Court has observed that by entering such a relationship, the appellant has committed an intentional tort, namely interference in the marital relationship with intentionally alienating him from his wife and children

Case Briefs High Courts

‘Section 15(1) of Hindu Succession Act an anomaly in legislation that requires rectification’; Delhi HC denies widowed daughter-in-law a share in mother-in-law’s property

The Delhi High Court said that this case is demonstrative of how S. 15(1) of the Hindu Succession Act, 1956 works against a woman.

Case Briefs High Courts

Object of Senior Citizens Act, 2007 to ensure parents are not deprived of own properties at the instance of their children: Bombay High Court

“A Mother executing gift of her residential bungalow in favour of her son is bound to expect that the son would let her reside in that bungalow.”

Case Briefs Supreme Court

Refusal to maintain senior citizen not a ground for cancellation of Gift or Release deed in absence of specific condition for providing maintenance: SC

“When a senior citizen parts with his or her property by executing a gift or a release or otherwise in favour of his or her near and dear ones, a condition of looking after the senior citizen is not necessarily attached to it.”

Case Briefs High Courts

Calcutta High Court | ‘Indian values being eroded with adoption of western culture’ – Court orders daughter to pay maintenance and provide accommodation to parents

“…with globalization and with all modern technology we find drastic change in socio economic conditions and Indian values being eroded with adoption of the western culture and western tradition.”

Case Briefs Supreme Court

Explained| Does alienating ancestral property ‘out of love and affection’ come within the scope of the term ‘pious purpose’?

Supreme Court: In a case where a portion of a joint Hindu Family was alienated ‘out of love and affection’ by way

Case Briefs High Courts

Whether a natural guardian having executed sale-deed of property of a minor in favour of a third party and thereafter repurchased part of it, can be prosecuted for offences under Ss. 420, 467, 468, 471 of IPC that too, after more than 35 years from date of attaining majority by minor? Bom HC discusses

Bombay High Court: The Division Bench of V.M. Deshpande and Amit Borkar, JJ., expressed that a transaction by a natural guardian of

Case Briefs Supreme Court

Is independent suit questioning a compromise decree maintainable or one has to approach the same Court which recorded the compromise to challenge it? SC answers

“If clever drafting of the plaint has created the illusion of a cause of action, the court will nip it in the bud at the earliest so that bogus litigation will end at the earlier stage.”

Case Briefs Supreme Court

Gift deed by an old illiterate woman: SC approves not legalistic but holistic approach by lower courts to determine validity of deed. HC’s verdict set aside

Supreme Court: In an issue relating to the alleged gift deed by an old illiterate woman, the bench of MR Shah and

Case Briefs High Courts

Son-in-law and his right on Father-in-laws property | Claim that he was adopted as a member of family subsequent to marriage with daughter: Know what Ker HC decides

Kerala High Court: N. Anil Kumar, J., decided a matter wherein the son-in-law claimed his right on father-in-law’s property while pleading that

Case Briefs High Courts

Bom HC | Can Court revoke a ‘conditional gift deed’ on non-compliance of an undertaking in light of which the said deed was executed?

Bombay High Court: A.K. Menon, J., addressed a matter wherein an arrangement was executed between the parties for taking care of the

Case Briefs High Courts

Pat HC | Whether transferee pendente lite have a right to be added as parties to partition suit? Court explains legal position

Patna High Court: Mohit Kumar Shah, J., while addressing the instant partition suit decided on the question as to whether: transferee pendente

Case Briefs High Courts

Cal HC | Registration of gift deed after death of the donor, at the instance of donee, does not offend S. 123 of Transfer of Property Act

Calcutta High Court: Bibek Chaudhuri J. allowed an appeal challenging the judgment whereby a gift deed was held as void and donee

Case Briefs Supreme Court

Party within his rights to cancel a conditional transfer deed executed for consideration before completion of condition: SC

Supreme Court: The Bench comprising of Arun Mishra and Indira Banerjee, JJ. allowed an appeal while setting aside the judgment and order