Supreme Court · 2003 INSC 416 · Decided 25 August 2003
M. Rangasamy v. Rengammal and ORS.
- Court
- Supreme Court of India
- Citation
- 2003 INSC 416 · [2003] SUPP. 2 S.C.R. 948
- Case number
- CIVIL APPEAL No. 5199/1997
- Decided
- 25 August 2003
- Bench
- Y.K. SABHARWAL, G.P. MATHUR (2-judge bench)
- Outcome
- Appeal(s) allowed
- Case type
- Civil
- Acts & sections cited
- CPC Section 100; Evidence Act Section 68; Transfer of Property Act Section 3; Succession Act Section 63(c), 63
Headnote
Succession Act, 1925--Section 63(c)-Transfer of Property Act, 1882- Section 3-Evidence Act, 1872-Section 68-Gift-lnfavour of grand son by C grandmother-By Settlement Deeds-Challenged alleging it to have been executed under undue influence-Burden to prove undue influence pleaded to be on the suffer from the vices-High Court held the deeds not proved discarding evidence of attesting witnesses to the deeds for want of evidence in terms of Section 63(c)-On appeal held: Non D compliance of Section 63(c) does not effect the execution of the deeds as the same are in the nature of gift
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