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Supreme Court of India 2019-08-29 allowed

Vithaldas Jagannath Khatri (D) Through Shakuntala Alias Sushma & Ors vs State of Maharashtra Revenue and Forest Department & Ors

Bench: 2 — Sanjay Kumar, Alok Aradhe

In Brief

This appeal involved the validity of a partition-cum-gift deed transferring 1/6th of ancestral property holdings under the Transfer of Property Act, 1882. The Supreme Court held that such a deed satisfies the requirements for a valid gift and is enforceable. The Court also stressed that the competent authority must provide adequate opportunity to all parties to present their case before determining such matters. The Court allowed the appeal and directed the competent authority to take necessary steps within two months, while referring the matter to a larger bench due to conflicting judicial opinions on the subject.

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Property Law Succession Gifts Partition Agricultural Land Maharashtra Law

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