Mohd., Law ORal Gift.
adv. rajeev ( rajoo )
(Querist) 18 September 2009
This query is : Resolved
I have filed a suit for partition and seperate possession. Parties are Mohdns. I have file the suit on behalf of the daughters of deceased Ameenasab.
Defendants are the sons of deceased Ameensab. They appeared and filed a written statement and taken a conention that deceased ameenasab has given the suit properties to them way way of oral gift and at the time of their evidence one of the defendants has produced list of properties which were given to sons in the oral gift, this list is to show that gift is made( in kannada tondi bhakshish yadastlekh)
In mohd., law oral gift is permitted, while marking this document I objected for that because it is reduced into writing and possession is handed over to the defendants, when immovable property worth more than Rs.100/- it should be regd., compulosrily, but the judge considering my argument he exhibited the doucment subject to proof.
Kinldy let me know whether this document holds good?riven
Raj Kumar Makkad
(Expert) 18 September 2009
Yes. The list produced by defendants containing the description of property allegedly gifted in their favor is undoubtedly a document which has already been exhibited. The court shall take it into its consideration and hopefully due reliance is expected in the facts mentioned by you.riven