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.