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Supreme Court of India 2019-05-06 allowed

Randhir Kaur (Deceased) through her Lrs vs Balwinder Kaur & Ors

Bench: 2 — Indu Malhotra

In Brief

Smt. Randhir Kaur gifted valuable school property to Doaba Public School in 1981 for educational purposes. In 1988, the school's principal and society president secretly exchanged this gifted land for inferior, remote property without authorization from the school's managing body. The donor and her heirs challenged the exchange. The trial court set it aside; but appellate courts dismissed the suit, holding the donor lacked standing. The Supreme Court reversed this, holding that while a donor loses ownership after an unconditional gift, she may challenge unauthorized breaches of trust by the donee. The exchange being wholly illegal without proper authority, it was quashed, revenue records were restored to the school, and costs awarded to the appellants.

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Gift and Donation Charitable Trusts Trust and Fiduciary Duty Property Rights Fraud and Collusion Land Records and Revenue Law Breach of Faith

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