REV. FR. M.S. POULOSE versus VARGHESE AND ORS.

REV. FR. M.S. POULOSE versus VARGHESE AND ORS.

The recitals in the deed show that the executants retained rights over the rest of the property except for the 70 cents given absolutely, so the High Court was incorrect in holding it as a gift deed for the entire property. That portion must be construed as a will. Cancellation was therefore valid.

Parties
Appellant: M.S. Poulose; Respondents: Varghese and Ors.
Jurisdiction
India
Judgment Date
30 March 1995
Procedural Posture
Civil Appeal / Appeal From Kerala High Court Decision in S.a. No. 222 of 1985 B
Outcome
Appeal allowed
Legal Topics
Gift Deed, Will, Cancellation of Deed, Divestment of Title
Property Law Gift Deed Will Cancellation of Deed Divestment of Title

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Parties

M.S. Poulose

Appellant

Varghese and Ors.

Respondents

Procedural Posture

Civil Appeal / Appeal From Kerala High Court Decision in S.a. No. 222 of 1985 B

Legal Issues

  1. 1 Whether the deed executed on March 5, 1966 was a gift deed or a will in respect of the properties other than 70 cents of land.
  2. 2 Whether the executants had the right to cancel the deed.

Ratio Decidendi

The recitals in the deed show that the executants retained rights over the rest of the property except for the 70 cents given absolutely, so the High Court was incorrect in holding it as a gift deed for the entire property. That portion must be construed as a will. Cancellation was therefore valid.

Court Disposition

Appeal allowed

Orders

  • Cancellation of deed held valid
  • Parties should partition and enjoy the properties in equal moiety