NDLI: Jagdish Chander Vs. Satish Chander and Ors.

Content Provider	Supreme Court of India
e-ISSN	30484839
Language	English
Access Restriction	NDLI
Subject Keyword	Gift deed Validity of Suit
Content Type	Text
Resource Type	Law Judgement
Jurisdiction	India
Act(s) Referred	Transfer of Property Act, 1882 (4 of 1882)
Case Type	Appeal
Court	Supreme Court of India
Disposal Nature	Appeal Allowed
Headnote	Suit – Gift deed – Validity of – Respondent No.1-plaintiff alleged that appellant-first defendant by playing fraud on their mother, got executed a fictitious gift deed without her knowledge and consent in respect of a suit land – Suit was dismissed by the trial court – Trial court held that evidence on record was not sufficient to hold any fraud was played on mother of the parties for execution of the gift deed – First Appellate Court agreed with the findings of the trial court – However, High Court allowed the appeal and reversed the judgments of both the courts below, mainly on the ground that the gift deed was executed by receiving consideration of Rs.5000/- – On appeal, held: On a perusal of the copy of the gift deed,it is clear that what is mentioned on the first page of the document, is the valuation of the property for the purpose of stamp duty and registration charges which is arrived at Rs.5000/-, but not the consideration received by the donor for executing the gift deed– The gift deed was correctly interpreted by the trial court and the First Appellate Court – Further, order of mutation also only refers to the valuation of the property – There was nothing to indicate that the said amount of Rs.5000/- was paid as consideration to the donor– Thus, Judgment of the High Court set aside.
Judge	Hon'ble Mr. Justice R.Subhash Reddy
Neutral Citation	2019 INSC 283
Petitioner	Jagdish Chander
Respondent	Satish Chander And Ors.
SCR	[2019] 4 S.C.R. 47
Judgement Date	2019-02-27
Case Number	2361

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