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Supreme Court of India 2020-12-08 allowed

DAULAT SINGH (D) THR. LRS vs THE STATE OF RAJASTHAN & ORS

Bench: 3 — N.V. Ramana, S. Abdul Nazeer, Surya Kant

In Brief

A man gifted 17.25 acres of land to his son in 1963 through a registered deed. The State later reopened a ceiling case claiming the gift was invalid for lack of acceptance and exceeded permissible holdings. The High Court upheld the State's position. The Supreme Court allowed the appeal, holding the gift valid under the Transfer of Property Act based on implied acceptance (evidenced by possession, mutation records, and cultivation), and protected under Section 30DD of the Tenancy Act, 1955. The reopening was timely under the prescribed five-year limit, but the transfer fell outside the scope of restrictions because it was made to an agriculturalist son before the cutoff date.

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Land Law Agricultural Ceiling Laws Transfer of Property Gift Deed Tenancy Limitation Revenue Law

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