Supreme Court of India · 1995-03-07
SHIV DASS vs SMT. DEVKI(DEAD) BY LRS. .
- Citation / case number
- SC 1978/60721
- Court
- Supreme Court of India
- Petitioner
- SHIV DASS
- Respondent
- SMT. DEVKI(DEAD) BY LRS. .
- Author
- K. RAMASWAMY
- Bench
- K. RAMASWAMY
Judgment text excerpt
The Supreme Court upheld the validity of a gift deed executed by Radha under Section 122 of the Transfer of Property Act, 1882, affirming that the grandson, Shiv Dass, had a preferential claim to the property over collaterals. The Court emphasized that a gift made voluntarily and with clear intention is valid, and the challenge by collaterals was dismissed. The judgment of the Punjab & Haryana High Court was thus affirmed, reinforcing the legal principle that a gift deed cannot be easily contested by distant relatives.