Case Law Details
Chelluboyina Nagaraju Versus Molleti Ramudu Alias Vijayalakshmi (Andhra Pradesh High Court)
Facts- The plaintiffs, sisters, filed suit to declare their title and for recovery of possession. In the plaint, it was contended that the plaint schedule property originally belonged to the mother of plaintiffs and that their mother executed a registered gift settlement deed in 10.09.2003 reserving life interest and vested remainder to the plaintiffs.
Their mother died on 28.12.2012, and hence the schedule property devolved upon the plaintiffs being vested remainder holders. The defendant who was allowed to cultivate the plaint schedule property during the life of mother pleaded that he purchased the schedule property and refused to deliver the property.
The defendant filed the written statement and contended that he is the bonafide purchaser of plaint schedule property under a registered sale deed dated 26.03.2011. He further contended that the registered gift settlement deed was revoked by revocation deed as it was a conditional gift and since the plaintiffs failed to comply with the condition to maintain their mother, the deceased revoked the gift deed.
Being aggrieved by the trial court and the First Appellate Court, the defendant filed the Second Appeal and raised questions of law that whether delivery of property is sine qua non u/s. 12 of Transfer of Property Act for a valid gift deed and also that whether a registered gift deed can be revoked without the consent of the donee?
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