Fatmabibi vs Irfana Begam and Others
Citation : AIR [1980] All 394
Jurisdiction : India
Appellant : Fatmabibi
Respondents : Irfana Begam and Others
Facts :
This case involved a dispute over the validity of a registered gift deed dated April 1, 1914. The deed was gifted by Syed Amir Ali to Syed Imtiaz Ali (father of Syed Wajid Ali). The defendants, who were the heirs of Syed Imtiaz Ali, stated that the deed excluded Syed Sajjad Ali, who was the deceased husband of the plaintiff, from any rights to the house. The gift deed was about 50 years which was made in favor of Wajid Ali. A Jamun tree was also included in the deed as an immovable property along with other properties. The Plaintiff brought this suit alleging that, the deed fraudulently included a non-existent Jamun tree to secure registration under the jurisdiction of the Sub-registrar, Khalilabad. The plaintiff argued that, the gift deed was invalid, fraudulent and was never acted upon.
Issues :
1. Does the Jamun tree qualify as “immovable property” under the Transfer of Property Act, 1882, and the Registration Act, 1908?
2. Did the donor deliver possession and the donee accept the gift?
Decisions :
The Allahabad High Court dismissed the plaintiff’s appeal.
The Court, based on proper evidence, found that Amir Ali was the owner of the Jamun tree mentioned in his gift deed. It was a valid instrument duly registered under the law. The 50-year-old instrument carried prima facie validity under Section 90 of the Evidence Act, 1872, shifting the burden of proof to the plaintiff, who could not disprove its authenticity.
According to Section 3 of the Transfer of Property Act, 1882, “a standing timber is not an immovable property.” Therefore, the Court held that the Jamun tree was not a standing timber but a fruit-bearing tree, constituting immovable property. Under Sections 17 and 28 of the Registration Act, 1908, an immovable property can be validly registered by the sub-registrar, making the inclusion of the Jamun tree in the gift deed valid for registration purposes.
Moreover, the Court found no merit in the arguments regarding non-delivery of possession or non-acceptance of the gift, further affirming the validity of the gift deed. Consequently, the appeal was dismissed with costs.
Relevant Laws :
- The Evidence Act, 1872
- Section : 90
- The Transfer of Property Act, 1882
- Section : 3
- The Registration Act, 1908
- Section : 17, 28
Author :
1. Nusiba Hasan Ohee
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