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Supreme Court of India 2019-02-27 allowed

Jagdish Chander vs Satish Chander and Ors

Bench: 2 — R. Subhash Reddy

In Brief

Jagdish Chander challenged a High Court judgment that reversed lower court findings and granted declaratory relief to his brother Satish Chander, who claimed joint ownership of ancestral land. The core dispute was whether a gift deed executed by their mother Vidya Devi contained consideration (Rs. 5,000), which would violate the Transfer of Property Act's gift provisions. The Supreme Court held that the Rs. 5,000 mentioned in the gift deed was merely a valuation for stamp duty and registration purposes, not consideration. The Court set aside the High Court's judgment, finding it erred by re-appreciating evidence against concurrent trial and appellate court findings, and restored the suit's dismissal.

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Transfer of Property Gift Deed Property Law Civil Procedure

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