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.