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march 1995

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.

SHIV DASS vs SMT. DEVKI(DEAD) BY LRS. . · Niyam