Supreme Court · 2019 INSC 1070 · Decided 23 September 2019

Govindbhai Chhotabhai Patel & ORS. v. Patel Ramanbhai Mathurbhai

Court
Supreme Court of India
Citation
2019 INSC 1070 · [2019] 13 S.C.R. 152
Case number
CIVIL APPEAL No. 7528/2019
Decided
23 September 2019
Bench
L. NAGESWARA RAO, HEMANT GUPTA (2-judge bench)
Outcome
Dismissed
Case type
Civil
Acts & sections cited
CPC Section 100; Evidence Act Section 68; Transfer of Property Act Section 123; Registration Act; Succession Act Section 63, 68

Headnote

Hindu Law - Self-acquired property bequeathed by the father in favour of the son - Nature of such property in the hands of the son - Appellants-plaintiffs are sons of the Donor (since deceased) - During his life time, the Donor purportedly executed gift defendant-donee - Trial Court recorded finding that the property was ancestral - Upheld by the First Appellate Court - High Court held that the property was not ancestral in the hands of the Donor and hence, he was competent to execute the gift deed - On appeal, held:

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