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Supreme Court of India 2025-10-07 allowed

DHARMRAO SHARANAPPA SHABADI AND OTHERS vs SYEDA ARIFA PARVEEN

Bench: 2 — Ahsanuddin Amanullah, S.V.N. Bhatti

In Brief

A widow claimed ownership of agricultural land through an alleged oral gift from her mother and as a legal heir after both parents' deaths. The Supreme Court allowed the defendant-appellant's civil appeal and dismissed her suit. The Court held the suit was barred by limitation: the respondent had 23 years to assert her claim but waited until 2013, gaining constructive notice through the registered sale deeds to the defendants in 1995. The Court also found she failed to prove: (1) her status as the deceased's daughter, as the oral testimony of interested witnesses did not meet evidentiary standards; and (2) a valid oral gift under Mohammedan Law, lacking any contemporaneous evidence of possession or continuous acts of control over the property.

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Property Law Succession and Inheritance Mohammedan Law Limitation of Actions Evidence Law Oral Gifts (Hiba) Title and Ownership Appellate Procedure Constructive Notice Revenue Records

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