Topic
A gift deed in Indian law is a legal document transferring ownership of property voluntarily and without consideration, governed by the Transfer of Property Act, Registration Act, and personal laws like Hindu or Mohammedan law.
The Supreme Court held that a gift of temple inam land by a temporary trustee is void under Section 41(1) of the TN HRCE Act, 1959 because the Act permits no sanction for such gifts. It directed the government to pay enhanced lease rent of ₹31,000 per month from March 8, 2019, with arrears payable in three months and ₹1 lakh costs within eight weeks.
Chhattisgarh HC upheld the trial court's declaration that a registered gift deed was void under Muslim law where donees failed to prove effective delivery of possession of the entire property. The ruling confirms registration alone cannot perfect a Hiba without actual delivery, and affirmed a permanent injunction protecting the plaintiffs' settled possession.
An undivided half-share in jointly owned land, not being coparcenary property, may be gifted without the other co-owner’s consent. Thus a claimant’s right is limited to possession of that specific share, not the whole property. This clarifies gift-deed transfers among co-owners under the Hindu Succession Act.
Bombay High Court holds that registered retirement and gift deeds carry presumptive validity at the interim stage, shifting the evidentiary burden to the party alleging fraud. The ruling underscores that courts will not grant interim relief unless fraud is prima facie established, impacting partnership and property disputes involving registered instruments.
Bombay HC rules that disputes over gifts of ancestral property must be challenged within 12 years under Article 109 of the Limitation Act, rejecting the 3-year period. The judgment clarifies adoption through conduct and evidence, impacting property disputes involving ancestral assets.
The Andhra Pradesh High Court ruled that a registered gift deed under Section 126 of the Transfer of Property Act cannot be unilaterally revoked by the donor. Only a civil court can cancel such deeds, reinforcing the irrevocability of duly registered gifts and protecting donee rights against arbitrary revocation.
Madras HC ruled that refusal to register a gift deed based on an unregistered will violates natural justice, as there is no legal requirement for a will to be registered. The court remanded the matter for fresh consideration with a mandatory hearing, reinforcing procedural fairness in property registration disputes.
Delhi High Court rules that a gift deed executed through a will and General Power of Attorney (GPA) remains valid even amid family disputes and allegations of undue influence. The judgment reinforces that registration under the Registration Act confers legal ownership, overriding challenges to execution mode.
Orissa High Court rules that a gift deed executed by an illiterate or pardanashin woman is invalid unless the propounder proves she fully understood the transaction with independent legal advice. The ruling reinforces heightened scrutiny for vulnerable executants, impacting property disputes under Hindu succession law.
Andhra Pradesh High Court upholds validity of registered gift deed under Mohammedan law, affirming constructive possession and barring new pleas in second appeal.