MACT | A Minor Cannot Be Treated as a Non-Earner: Punjab & Haryana High Court Consensual Love Affair Not Cheating Under IPC Section 417: Madras High Court Acquits Man Despite Paternity Confirmation Review Jurisdiction is an Ant-Hole in a Pigeon-Hol: Madras High Court Dismisses Review Plea Against Order Upholding Arbitral Award on Liquidated Damages Bank Can Freeze Guarantor’s Salary Account to Recover Loan Dues: Kerala High Court Clarifies CPC Exemption Does Not Apply to Banker’s Right Revenue Entry Calling Property ‘Ancestral’ Does Not Create Title: Gujarat High Court Upholds Registered Will in Second Appeal Licensee Cannot Resist Resumption Of Railway Land: Gauhati High Court Upholds Eviction For Amrit Bharat Station Scheme Mere Non-Payment of Business Dues Is Not Cheating: Calcutta High Court Protects Traders from Criminal Prosecution in Purely Civil Dispute Prosecution’s Failure to Prove Age of Prosecutrix Beyond Reasonable Doubt Fatal to POCSO Conviction: Rajasthan High Court No Title, No Right, No Equity: Bombay High Court Demolishes Claim Over Footpath Stall, Imposes ₹5 Lakh Costs for Abuse of Process Section 155(2) Cr.P.C. Does Not Bar Complainant From Seeking Magistrate’s Permission: Allahabad High Court Clarifies Law on Non-Cognizable Investigations Un-Retracted Section 108 Statement Is Binding: Delhi High Court Declines to Reopen ₹3.5 Crore Cigarette Smuggling Valuation Section 34 Is Not an Appeal in Disguise: Delhi High Court Upholds 484-Day Extension in IRCON–Afcons Tunnel Arbitration Section 432(2) Cannot Be Rendered Fatuous: Calcutta High Court Reasserts Balance Between Judicial Opinion and Executive Discretion in Remission Matters Termination of Mandate Is Not Termination of Arbitration: Bombay High Court Revives Reference and Appoints Substitute Arbitrator CBI Can’t Prosecute When Bank Suffers No Loss: Andhra Pradesh High Court Discharges Bhimavaram Hospitals Directors in ₹1.5 Crore SBI Case Section 256 CrPC Cannot Be A Shield For An Accused Who Never Faced Trial: Allahabad High Court Restores 8 Cheque Bounce Complaints

Section 48 of Transfer of Property Act Prevails: Subsequent Transfers Subservient to Prior Deeds: Punjab and Haryana High Court

07 May 2024 8:19 AM

By: Admin


Punjab and Haryana High Court Resolves Property Dispute, Upholds Earlier Gift Deeds and Applies Doctrine of Feeding the Title

In a recent landmark judgment, the High Court of Punjab and Haryana resolved a protracted property dispute by ruling in favor of the appellants, citing the doctrine of feeding the title and Section 48 of the Transfer of Property Act. Justice Anil Kshetarpal delivered the verdict on May 2, 2024, which upheld the validity of prior gift deeds executed by Sh. Raj Kishan in Favor of his nephew and daughters, despite claims of fraud and ancestral property rights by the plaintiff.

The case revolved around the validity of two registered gift deeds executed by Sh. Raj Kishan in 1997. The first gift deed, dated September 1, 1997, transferred land measuring 16 Kanals and 15 Marlas to his nephew, Sh. Raj Pal. The second gift deed, dated October 14, 1997, was in favor of his five daughters. Sh. Ram Kala, claiming the property was Joint Hindu Family Coparcenary property, filed a suit asserting that Sh. Raj Kishan had no right to alienate the property. Further, he alleged that the gift deeds were fraudulent and that Sh. Raj Kishan was of unsound mind.

Validity of Prior Gift Deeds:

The court found that the gift deed in favor of Sh. Raj Pal, executed earlier, held precedence over the subsequent deed. Citing Section 48 of the Transfer of Property Act, the judgment emphasized, "Subsequently executed transfer deeds shall be subservient to the previously executed transfer deeds." This principle was crucial in determining the legitimacy of the property transfers.

Doctrine of Feeding the Title:

Justice Kshetarpal applied the doctrine of feeding the title to uphold the sales conducted by Sh. Raj Kishan’s daughters. Despite the plaintiff's arguments, the court noted that the daughters, having received the property via the second gift deed, validly sold it to defendants 10 to 12, thereby confirming their ownership.

Rejection of Fraud and Mental Incapacity Claims:

The court dismissed the claims of fraud and mental incapacity against Sh. Raj Kishan. It was noted that the plaintiff, Sh. Ram Kala, did not appear for cross-examination, which weakened his assertions. Moreover, the court remarked, "The defendants never got an opportunity to cross-examine the witness. The absence of such a critical step casts doubt on the plaintiff's allegations."

Justice Kshetarpal stated, "The application of Section 48 of the Transfer of Property Act decisively favors the appellants, given the chronological precedence of the gift deed in favor of Raj Pal."

This judgment by the High Court of Punjab and Haryana not only upholds the principles of the Transfer of Property Act but also reinforces the importance of adhering to established legal doctrines like feeding the title. By dismissing the appeals against the earlier gift deeds, the court has clarified the legal standing of property transfers and set a significant precedent for future cases involving similar disputes.

 

Date of Decision: May 2, 2024

Parvinder Singh (since deceased) through LRs and others v. Rajpal and others

Latest Legal News