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october 2014

Supreme Court of India · 2014-10-10

RASHEEDA KHATOON (D) THROUGH LRS. vs ASHIQ ALI (D) THROUGH LRS.

Citation / case number
SC 2004/23983
Court
Supreme Court of India
Petitioner
RASHEEDA KHATOON (D) THROUGH LRS.
Respondent
ASHIQ ALI (D) THROUGH LRS.
Author
Dipak Misra
Bench
VIKRAMAJIT SEN DIPAK MISRA

Judgment text excerpt

The Supreme Court ruled that the oral gift of property, as recognized under Section 123 of the Transfer of Property Act, 1882, requires clear evidence of intention and acceptance. The Court held that the plaintiff, Rasheeda Khatoon, had established her claim to ownership and possession of the house based on the oral gift and subsequent written deed executed by Abdul Haq. The judgment of the lower courts was upheld, confirming her right to recover possession from the defendants who had unlawfully taken over the property.

RASHEEDA KHATOON (D) THROUGH LRS. vs ASHIQ ALI (D) THROUGH LRS. · Niyam