389 - When Registered Gift Deed is Invalid?

#giftdeed #registered #invalid Video Credits Video by adege from Pixabay license. https://pixabay.com/videos/light-trac... Music License from Kinemaster - Family Day IN THE SUPREME COURT OF INDIA CIVIL APPELLATE JURISDICTION CIVIL APPEAL NO. 364 OF 2022 KESHAV AND OTHERS ..... APPELLANT(S) VERSUS GIAN CHAND AND ANOTHER ..... RESPONDENT(S) J U D G M E N T ` SANJIV KHANNA, J. The question whether a person was in a position to dominate the will of the other and procure a certain deed by undue influence is a question of fact, and a finding thereon is a finding of fact, and if arrived at fairly in accordance with the procedure prescribed, it is not liable to be reopened in second appeal.3 In the present case, the plea as to invalidity of the gift deed is not to be decided on general presumption and assertion. Concurrent findings of facts arrived at in the present case were based upon a holistic examination of the entire evidence relating to execution and validity of the gift deed. The lower courts did not adopt a legalistic approach but took into account not one but several factual facets to accept the version given by Keshav that the gift deed was not a valid document. These concurrent findings are not perverse but rather good findings based upon cogent and relevant material and evidence on record. These findings of the facts can be interfered in the second appeal only if they are perverse or some gross illegalities have been committed in arriving at such findings. To reverse the findings is not only to assess errors but also deal with the reasons given by the court below and record findings and grounds for upsetting the conclusion.4 11. We have elaborately referred to the reasoning given by the trial court, which the first appellate court had independently examined and affirmed. The findings were recorded after in-depth consideration of the factual matrix, including the statement of Hardei, an illiterate and aged woman, who during her lifetime in 1989, had staunchly refuted having executed any gift deed transferring the property to the plaintiffs. Hardei was residing with Keshav, who was looking after her and providing for all her needs. Further, the plaintiffs did not take any steps to get the mutation of the land records for about four years from 1st January 1986 till 1989. The rejection by the revenue authority in 1989 remained unchallenged till Hardei died in 1991. The views and findings recorded by the lower courts are well reasoned and have taken into account several factors that repel and contradict the claim of a valid execution of the gift deed by Hardei favouring the plaintiffs. 12. Recording the aforesaid, we allow the present appeal. Consequently, we set aside the impugned judgment and uphold the decision and decree passed by the trial court and affirmed by the first appellate court. There will be no order as to costs. ......................................J. (M.R. SHAH) ......................................J. (SANJIV KHANNA) NEW DELHI; JANUARY 24, 2022.