Supreme Court of India · 1995-03-23
MAHBOOB SAHAB vs SYED ISMAIL & ORS.
- Citation / case number
- SC 1979/62860
- Court
- Supreme Court of India
- Petitioner
- MAHBOOB SAHAB
- Respondent
- SYED ISMAIL & ORS.
- Author
- K. RAMASWAMY
- Bench
- K. RAMASWAMY
Judgment text excerpt
The Supreme Court held that the alleged gift deeds executed by Maqdoom in favor of his children were invalid as they lacked proof of acceptance and delivery of possession, and the mother could not act as a guardian while the father was alive. The Court emphasized that the father had no right to alienate the property, and the appellant's claim of ownership through sale deeds was upheld. The Court affirmed the appellate court's decision that the gifts were set up to defraud creditors, thus ruling in favor of the appellant.