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Supreme Court

Supreme Court Reverses High Court Judgment in Property Dispute, Declaring 1985 Document as Will, Not Gift. The Court Held That the Disposition Took Effect on Death, Not in Praesenti, Under Transfer of Property Act, 1882, and That the High Court Erred in Setting Aside Concurrent Findings Without a Substantial Question of Law Under Section 100 CPC.

24 Mar 2025

The appeal arose from a property dispute between siblings over a document executed by their father in 1985. The respondent, the daughter, filed a suit...

Supreme Court

Supreme Court Upholds Gift Deed in Ancestral Property Dispute — Property Devised by Will Held Self-Acquired. Gift Deed Valid as Execution Not Specifically Denied, No Attesting Witness Required Under Section 68 of Indian Evidence Act, 1872.

4 Oct 2019

The present appeal arises from a second appeal before the Gujarat High Court concerning a gift deed executed by Chhotabhai Ashabhai Patel (donor) on N...

High Court

Bombay High Court Upholds Revenue in Capital Gains Tax Case on Life Interest — Release of Life Interest by Previous Holder Constitutes Gift Under Section 49(1)(ii) of Income Tax Act, 1961. Cost of Acquisition of Life Interest Deemed to Be Cost to Original Settlor, Not Nil, Resulting in Taxable Capital Gains on Sale.

10 Mar 2017

This reference under Section 256(1) of the Income Tax Act, 1961, arises from a question of law referred by the Income Tax Appellate Tribunal. The asse...

High Court

High Court of Karnataka Dismisses Regular Second Appeal in Suit for Declaration and Injunction — Concurrent Findings of Courts Below Upheld. Court holds that plaintiffs failed to prove title and possession over suit property, and that the suit was barred by limitation under Article 65 of the Limitation Act, 1963.

17 Nov 2025

The appellants (original plaintiffs) filed a Regular Second Appeal under Section 100 read with Order XLII Rule 1 of the Code of Civil Procedure, 1908,...

Supreme Court

Supreme Court Allows Appeal in Gift Deed Condition Case — Sale Deeds Void Due to Restraint on Alienation. Condition in Gift Deed That Donee Cannot Alienate Property Is Valid and Binding, Making Subsequent Sales Void.

11 Feb 2020

The appeal arose from a suit filed by the plaintiffs, sons of defendant No.1, seeking declaration of ownership and to set aside sale deeds executed by...

Supreme Court

Supreme Court Allows Appeal in Ceiling Act Case — Gift Deed Valid Despite Lack of Express Acceptance. Transfer of Property Act, 1882 Sections 122 and 123 do not require express acceptance; implied acceptance from circumstances suffices for a valid gift between father and son.

8 Dec 2020

The present appeal arises from a land ceiling dispute in Rajasthan. Daulat Singh (since deceased, represented by legal heirs) was the owner of 254.2 B...

High Court

Karnataka High Court Dismisses Second Appeal in Property Injunction Suit — Concurrent Findings of Fact Not Interfered With. Suit for Injunction and Declaration Dismissed as Plaintiff Failed to Prove Possession and Title Over Suit Property.

19 Apr 2024

The appellant, Sri B.N. Devaraju, filed a second appeal before the Karnataka High Court against the concurrent judgments of the trial court and the fi...

High Court

High Court of Karnataka Allows Writ Petition by Senior Citizen for Annulment of Gift Deed Under Maintenance and Welfare of Parents and Senior Citizens Act, 2007. Court holds that express recital in gift deed is not mandatory for invoking Section 23(1) and condition of maintenance can be inferred from circumstances, quashing concurrent tribunal orders as perverse.

2 Feb 2026

The dispute involved a writ petition filed by an 84-year-old senior citizen under Article 227 of the Constitution of India, challenging concurrent ord...

High Court

High Court of Karnataka Dismisses Appeal in Injunction Suit — Upholds Trial Court's Finding of Possession in Favor of Plaintiffs. The court held that the appellant-defendant failed to prove her title and possession over the suit property, and the plaintiffs established their prior possession and entitlement to injunction under Section 38 of the Specific Relief Act, 1963.

9 Dec 2020

The case involves a Regular First Appeal filed under Section 96 of the Code of Civil Procedure, 1908, by the unsuccessful defendant No.2, C.N. Leelava...

Supreme Court

Supreme Court Reverses High Court Judgment in Gift Deed Dispute, Restoring Concurrent Findings of Lower Courts. The Court Held That High Court Erred in Allowing Second Appeal Without Properly Addressing Substantial Question of Law and Ignoring Factual Context Undermining Gift Deed Validity Under Sections 122 and 123 of Transfer of Property Act, 1882.

24 Jan 2022

The dispute centered on the validity of a gift deed executed by Hardei, who died issueless in 1991, in favour of Gian Chand and Dhanbir (plaintiffs), ...

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