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september 2018

Supreme Court of India · 2018-09-27

Dalip Kaur (D) Thr. Lrs. vs Ram Kishan (D) Thr. Lr.

Citation / case number
AIRONLINE 2018 SC 1201
Court
Supreme Court of India
Petitioner
Dalip Kaur (D) Thr. Lrs.
Respondent
Ram Kishan (D) Thr. Lr.
Author
Mohan M. Shantanagoudar
Bench
Mohan M. Shantanagoudar, N.V. Ramana

Judgment text excerpt

The Supreme Court upheld the High Court's decision affirming the trial Court's decree in favor of Ram Kishan for possession of 1/3rd share of property based on a gift deed executed by Prem Kaur under customary Hindu law. The Court established that the daughters, including Basant Kaur, had a rightful claim to the property, and upon Basant Kaur's death, her husband was entitled to her share as per the will she executed. The appeal by the defendants was dismissed, affirming the legal principle that a gift deed, once executed and accepted, cannot be contested by reversioners.

Dalip Kaur (D) Thr. Lrs. vs Ram Kishan (D) Thr. Lr. · Niyam