Niyam v2 is live — start for just ₹100 — 200 credits to try

october 1996

Supreme Court of India · 1996-10-01

SMT. GOMTIBAI (DEAD) THROUGH LRS. & ORS. vs MATTULAL [DEAD) THROUGH LRS.

Citation / case number
SC 1980/63374
Court
Supreme Court of India
Petitioner
SMT. GOMTIBAI (DEAD) THROUGH LRS. & ORS.
Respondent
MATTULAL [DEAD) THROUGH LRS.
Author
G.B. PATTANAIK K. RAMASWAMY
Bench
G.B. PATTANAIK K. RAMASWAMY

Judgment text excerpt

The Supreme Court addressed the validity of a gift of immovable property under the Hyderabad Transfer of Property Act, which parallels the Transfer of Property Act, 1882. The Court held that a valid gift requires a registered instrument signed by the donor and attested by at least two witnesses, as stipulated in Section 122 and Section 123 of the Act. Since no such instrument was executed in favor of the donee, Kasturibai, the Court confirmed the lower courts' decisions that the gift was not valid, thereby allowing the partition suit.

SMT. GOMTIBAI (DEAD) THROUGH LRS. & ORS. vs MATTULAL [DEAD) THROUGH LRS. · Niyam