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Supreme Court of India 2021-09-15 allowed

Sonamati Devi & Ors vs Mahendra Vishwakarma & Ors

Bench: 3 — <UNKNOWN>

In Brief

An elderly issueless man gifted 2.92 acres of land to his nephew's wife, expecting care in old age. Finding himself victim of fraud and undue influence, he immediately sought to cancel the gift, and the nephew executed a relinquishment deed. The Trial Court decreed the suit, holding the gift void due to fraud and exploitation of trust. The Lower Appellate Court and High Court reversed this. The Supreme Court reinstated the Trial Court's judgment, holding that fraud vitiates every act, and that the Trial Court's findings based on witness testimony were unassailable despite the original relinquishment deed not being produced (a photocopy was admitted as secondary evidence).

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Gift Deed Fraud Undue Influence Cancellation Evidence Secondary Evidence Civil Procedure Property Rights Family Law

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