JAGDISH CHANDER versus SATISH CHANDER AND ORS.

JAGDISH CHANDER versus SATISH CHANDER AND ORS.

The Supreme Court held that the mention of Rs.5,000/- in the gift deed and mutation order was only for valuation for stamp duty and registration charges, not consideration for transfer. Thus, the gift deed was not vitiated by consideration, and there was no evidence of fraud or lack of consent. The High Court erred in misconstruing this and re-appreciating evidence without substantial question of law, warranting setting aside its judgment.

Parties
Appellant: Jagdish Chander; Respondent No.1 Plaintiff: Satish Chander; Original Owner (mother): Smt. Vidya Devi; Proforma Respondents: Respondents 2 & 3
Jurisdiction
India
Judgment Date
27 February 2019
Procedural Posture
Civil Appeal / Supreme Court – Final Disposition of Appeal Against High Court Judgment
Outcome
Appeal allowed; High Court judgment set aside; suit dismissed.
Legal Topics
Validity of Gift Deed, Fraud in Execution of Instruments, Interpretation of Consideration, Inheritance and Self Acquired Property
Property Law Validity of Gift Deed Fraud in Execution of Instruments Interpretation of Consideration Inheritance and Self Acquired Property

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Parties

Jagdish Chander

Appellant

Satish Chander

Respondent No.1 Plaintiff

Smt. Vidya Devi

Original Owner (mother)

Respondents 2 & 3

Proforma Respondents

Procedural Posture

Civil Appeal / Supreme Court – Final Disposition of Appeal Against High Court Judgment

Legal Issues

  1. 1 Whether the gift deed executed by Smt. Vidya Devi in favour of the appellant was valid or vitiated by fraud?
  2. 2 Whether the mention of Rs. 5,000/- in the gift deed constituted consideration, thereby invalidating the gift under Section 122 of the Transfer of Property Act, 1882?
  3. 3 Whether the High Court erred in re-appreciating the evidence and overturning concurrent findings of lower courts?

Ratio Decidendi

The Supreme Court held that the mention of Rs.5,000/- in the gift deed and mutation order was only for valuation for stamp duty and registration charges, not consideration for transfer. Thus, the gift deed was not vitiated by consideration, and there was no evidence of fraud or lack of consent. The High Court erred in misconstruing this and re-appreciating evidence without substantial question of law, warranting setting aside its judgment.

Court Disposition

Appeal allowed; High Court judgment set aside; suit dismissed.

Orders

  • Set aside the High Court judgment dated 25.10.2016 in Regular Second Appeal No. 383 of 2007.
  • Suit Civil Suit No. RBT1251/95/92 before Sub-Judge, First Class Jawali, Kangra, Himachal Pradesh stands dismissed.