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september 1966

Supreme Court of India · 1966-09-06

KUPPUSWAMY CHETTIAR vs A.S. P. A. ARUMUGAM CHETTIAR AND ANOTHER

Citation / case number
SC 1964/90553
Court
Supreme Court of India
Petitioner
KUPPUSWAMY CHETTIAR
Respondent
A.S. P. A. ARUMUGAM CHETTIAR AND ANOTHER
Bench
BACHAWAT, R.S.

Judgment text excerpt

The Supreme Court held that a release deed executed without consideration can effectively transfer title, as long as it is registered and attested by more than two witnesses, thus operating as a gift. The Court found that the appellant failed to prove misrepresentation regarding the deed. It was established that a deed of release can transfer title to a person who previously had no interest in the property, thereby clarifying that such a deed does not merely enlarge existing interests but can convey ownership outright under the Transfer of Property Act, 1882, Section 123.

KUPPUSWAMY CHETTIAR vs A.S. P. A. ARUMUGAM CHETTIAR AND ANOTHER · Niyam