In Brief
The appellant's mother executed a registered gift deed in his favour in April 1991. The plaintiff (her son) sued to declare himself a joint owner, alleging the gift was fraudulent and that the mention of Rs. 5,000/- on the deed constituted consideration, violating Section 122 of the Transfer of Property Act. The trial and appellate courts dismissed the suit, but the High Court reversed, treating Rs. 5,000/- as consideration. The Supreme Court allowed the appeal, holding that Rs. 5,000/- was merely the property valuation for stamp duty purposes, not consideration for the gift. The Court emphasised that the High Court impermissibly re-appreciated evidence contrary to concurrent findings, which is not permitted in second appeals under Section 100 of the CPC.
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