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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

A property dispute arose over a registered gift deed executed by Smt. Vidya Devi in favour of the appellant for land valued at Rs. 5,000. The trial court dismissed the respondent's suit claiming he was a joint owner, finding the gift valid and the Rs. 5,000 figure merely for valuation purposes. The High Court reversed this, treating the amount as consideration, which would violate the Transfer of Property Act. The Supreme Court allowed the appeal, holding that Rs. 5,000 represented stamp duty and registration valuations only, not consideration. The Court found the High Court erred in re-appreciating evidence to disturb concurrent findings, and that a registered, unchallenged gift deed cannot be attacked by third parties without credible fraud evidence."

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Property Law Transfer of Property Act Gift Deed Civil Procedure

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