VidhiSangh

Supreme Court of India · 14/11/2024

RAMACHANDRA REDDY (DEAD) THR. LRS. & ORS. versus RAMULU AMMAL (DEAD) THR. LRS.

[2024] 11 S.C.R. 2329 · 2024 INSC 868

AI-generated headnote. Verify against the judgment before relying on it. Paragraph numbers refer to the judgment.

Summary

The Supreme Court restored the concurrent decrees giving the heirs of Govindammal a 2/3rd share in family property under a 1963 settlement deed. The High Court erred in recharacterising the deed as a gift for want of 'adequate consideration': consideration need not be monetary, and the deed recited past and future care of the transferors and charitable work. The High Court had also exceeded its limited jurisdiction under Section 100 CPC in upsetting concurrent findings.

Issues

  1. Whether the High Court in second appeal was justified in overturning the concurrent findings of the trial court and the first appellate court.
  2. Whether the 1963 deed in favour of Govindammal was a settlement deed or a gift deed.

Provisions considered

Held

Result

Appeal allowed; the High Court's judgment set aside and the decrees of the trial court and the first appellate court granting a 2/3rd share restored; pending applications disposed of.

Judgment PDF: Supreme Court of India, [2024] 11 S.C.R. 2329.