Case Note & Summary
The appellant, original plaintiff Mahadeo Yeshwant Kadam (since deceased, represented by his heir Jaiprakash Mahadeo Kadam), filed a suit for declaration that a Gift Deed executed by his father on 3/12/1969 and a Will executed on 17/3/1970 were not binding on his share, and sought 1/3rd share in land Block No.413 and house properties bearing Grampanchayat Nos.71 and 59 at Tandulwadi. The plaintiff and defendant nos.1 and 2 were real brothers, and defendant no.3 was their cousin. Their father had effected a partition between the brothers on 23/5/1966, giving each son about 20 acres of land, but the father's share was not determined. The plaintiff contended that the properties were ancestral and that the gift and will were invalid. The trial court dismissed the suit, and the first appellate court confirmed the dismissal. In second appeal, the High Court held that the plaintiff failed to prove that the properties were ancestral or that he had any right after partition. The father had absolute rights over his share and could validly gift or bequeath it. The court found no substantial question of law and dismissed the appeal with no order as to costs.
Headnote
A) Hindu Law - Gift Deed - Validity - Coparcenary Property - The Gift Deed executed by the father after partition was held valid as the property was not ancestral and the father had absolute rights over his share. The plaintiff, being a coparcener, could not challenge the gift as the father had the right to dispose of his self-acquired property. (Paras 5-10) B) Hindu Law - Will - Validity - Succession - The Will executed by the father was upheld as the father had testamentary capacity and the property was his separate property. The plaintiff failed to prove that the property was ancestral or that he had any subsisting right. (Paras 5-10) C) Civil Procedure - Second Appeal - Substantial Question of Law - The court found no substantial question of law as the findings of fact by the lower courts were based on evidence and not perverse. The appeal was dismissed. (Para 11)
Issue of Consideration
Whether the Gift Deed dated 3/12/1969 and Will dated 17/3/1970 executed by the father are binding on the plaintiff's share, and whether the plaintiff is entitled to 1/3rd share in the suit properties.
Final Decision
Second Appeal dismissed. The Gift Deed and Will are valid and binding on the plaintiff. No order as to costs.
Law Points
- Hindu Succession Act
- 1956
- Section 8
- Section 30
- Gift Deed
- Will
- Coparcenary
- Partition
- Burden of Proof
- Adverse Possession
