Law:

Section:

Specific Relief Act (I of 1877)--- ----Ss. 42 & 54---Transfer of Property Act (IV of 1882), S.122---Gift deed---Challenge to---Suit for declaration and injunction---Parties to the suit were brothers and sisters inter se---Property in dispute, belonging to their predecessor, was shown to have been gifted away by their predecessor in favour of defendants/sons of the predecessor, excluding the plaintiffs/real daughters of the deceased---Plaintiffs claimed that had there been no gift mutation in favour of the defendants, the parties to the lis would have inherited the property in accordance with their respective shares---After the death of their predecessor, the plaintiffs/real sisters of the defendants were compelled to file the suit on refusal of the defendants to give their share of produce and they got the knowledge of the mutation of gift in question and filed the suit on the refusal of the defendants to admit their claim--Validity---Whenever an illiterate, old age person, pardanashin lady or female issue of Muslim was deprived of her property through sale, exchange, gift, inheritance, etc. then in such-like situation the beneficiary of the transaction, whether the same was effected through mutation, registered deed or the same was oral, would legally be required to prove its genuineness---Besides, he would also be required to prove with confidence-inspiring evidence, that the same was the result of free and independent advice of the person parting with the property etc.---In case of gift besides its proof, the beneficiary would also be required to prove the factum of gift along with all of its ingredients i.e. offer, acceptance and delivery of possession of the property under gift through independent and confidence-inspiring evidence---Mere attestation of suit mutation in favour of the defendants would not support their version in absence of confidence-inspiring evidence---Mutations itself would not confer or extinguish any right or title---Defendants had failed to prove the gift being a valid and genuine alienation in their favour---Defendants even had failed to refer to a piece of evidence which had been misread or not read in its true perspective by…

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