'Consideration' Need Not Be Monetary: Supreme Court Upholds Settlement Deed Requiring Transferee To Care For Transferors & Do Charity
4 months, 1 week ago

'Consideration' Need Not Be Monetary: Supreme Court Upholds Settlement Deed Requiring Transferee To Care For Transferors & Do Charity

Live Law  

The Supreme Court upheld a property transfer based on a settlement deed requiring the transferee to care for the transferors and perform charitable work. The respondents argued that the settlement deed was nothing but a gift deed because it was without consideration as taking care of the transferor and doing social work would not qualify as consideration. Observation Setting aside the High Court's decision, the judgment authored by Justice Karol observed that the 1963 deed was a settlement deed, not a gift deed. According to the court, consideration need not always be monetary, and the deed that transferred the property to Govindammal in consideration of her care for the transferors and her promise to continue charitable work would qualify as valid consideration under the law.

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History of this topic

Delivery Of Possession Not Essential To Validate Gift/Settlement; Gift Document Can't Be Unilaterally Cancelled By Donor : Supreme Court
2 days, 12 hours ago

Delivery Of Possession Not Essential To Validate Gift/Settlement; Gift Document Can't Be Unilaterally Cancelled By Donor : Supreme Court

Live Law  

The Supreme Court held that when a property transfer involves considerations such as love and affection while the donor retains a life interest, it qualifies as a settlement deed in the form of a gift. The Trial Court & First Appellate Court held the settlement deed document to be a will, dismissing the daughter's suit challenging the father's 1993 cancellation …

Plaintiffs Knew Of Sale Deed Execution, Didn't Move Trial Court To Add Transferee: MP High Court Upholds Order Declining Impleadment In Appeal
4 months, 2 weeks ago

Plaintiffs Knew Of Sale Deed Execution, Didn't Move Trial Court To Add Transferee: MP High Court Upholds Order Declining Impleadment In Appeal

Live Law  

The Indore bench of the Madhya Pradesh High Court denied adding certain persons as a necessary parties to a suit pertaining to a property dispute, observing that despite having full knowledge of the execution of the sale deed during the trial before the lower court the petitioners-original plaintiffs, did not file the application for adding proposed transferees at that juncture. …

Dispute Between Defendants Regarding Validity Of Sale Deed Can’t Be Considered In Suit For Possession Instituted By Plaintiff: Supreme Court
1 year, 10 months ago

Dispute Between Defendants Regarding Validity Of Sale Deed Can’t Be Considered In Suit For Possession Instituted By Plaintiff: Supreme Court

Live Law  

The Supreme Court bench comprises Justices M.R. Ravikumar has ruled that an inter-se dispute on the validity of the sale deed executed between the defendants in respect of the suit land, cannot be considered in the suit for possession instituted by the plaintiff on the basis of a registered sale deed executed in its favour, as it would amount to …

Subsequent Purchaser After Issuance Of Notification Under Land Acquisition Act Can't Challenge Acquisition Proceedings: Madras High Court
2 years, 9 months ago

Subsequent Purchaser After Issuance Of Notification Under Land Acquisition Act Can't Challenge Acquisition Proceedings: Madras High Court

Live Law  

The Madras High Court recently observed that a person who purchases a piece of land after the issuance of notification for its acquisition by the government under Section 4 of the Land Acquisition Act 1894, has no right to challenge the acquisition proceedings. The bench of Chief Justice Munishwar Nath Bhandari and Justice N Mala dismissed the appeals filed by …

Law Does Not Permit A Person To Both Approbate & Reprobate, Party Can't Accept & Reject The Same Instrument: Madras High Court Reiterates
2 years, 10 months ago

Law Does Not Permit A Person To Both Approbate & Reprobate, Party Can't Accept & Reject The Same Instrument: Madras High Court Reiterates

Live Law  

Explaining the legal principle of Approbate and Reprobate, the Madras High Court has recently observed that the foundation of the law of election is that a person cannot accept and reject the same instrument. It was further pleaded that this settlement deed was filed before the Land Reforms Tribunal and this document was acted upon when the orders were passed …

Judgment Must Have Clarity On Exact Relief Granted So As To Avoid Difficulty In Execution : Supreme Court
3 years ago

Judgment Must Have Clarity On Exact Relief Granted So As To Avoid Difficulty In Execution : Supreme Court

Live Law  

In a matter related to land acquisition, the Supreme Court recently observed that judgment must have a clarity on the exact relief that is granted by the Court so that it may not create further complication and/or difficulty in the execution.The bench of Justices MR Shah and BV Nagarathna made this observation while considering appeals preferred by the claimants landowners …

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