VidhiSangh

Supreme Court of India · 23/09/2019

GOVINDBHAI CHHOTABHAI PATEL & ORS. versus PATEL RAMANBHAI MATHURBHAI

[2019] 13 S.C.R. 152 · 2019 INSC 1070

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Summary

Sons challenged their father’s registered gift deed as dealing with ancestral property and as forged. The Court held that they had not established ancestral character in property their grandfather purchased and bequeathed to their father. On its reading of these pleadings and evidence, execution was not specifically denied for purposes of the Evidence Act proviso, and forgery was unproved. It upheld the High Court’s reversal of the decrees favouring the sons.

Issues

  1. Whether property received under the grandfather’s will was proved ancestral in the donor’s hands.
  2. Whether an attesting witness had to be examined and whether forgery was established.
  3. Whether the High Court exceeded its second-appeal jurisdiction.

Provisions considered

Held

Result

The appeal was dismissed. The High Court’s judgment setting aside the trial and first appellate decrees and sustaining the registered gift was left undisturbed.

Judgment PDF: Supreme Court of India, [2019] 13 S.C.R. 152.