Supreme Court of India · 2019-09-23
GOVINDBHAI CHHOTABHAI PATEL vs PATEL RAMANBHAI MATHURBHAI
- Citation / case number
- SC 2018/45813
- Court
- Supreme Court of India
- Petitioner
- GOVINDBHAI CHHOTABHAI PATEL
- Respondent
- PATEL RAMANBHAI MATHURBHAI
- Author
- HON'BLE MR. JUSTICE HEMANT GUPTA
- Bench
- HON'BLE MR. JUSTICE HEMANT GUPTA HON'BLE MR. JUSTICE L. NAGESWARA RAO
Judgment text excerpt
The Supreme Court upheld the High Court's decision regarding the validity of a gift deed executed by Chhotabhai Ashabhai Patel, ruling that the plaintiffs failed to prove the deed was fabricated and that the properties were ancestral. The Court clarified that under Section 68 of the Indian Evidence Act, the absence of an attesting witness does not invalidate the deed if its execution is not specifically denied. The Court affirmed that the properties were self-acquired and thus not subject to coparcenary rights, leading to the dismissal of the plaintiffs' appeal.