SHRI KISHUN Vs. HARI NARAINA

JUDGEMENT

(1.) -Heard learned counsel for the parties.

(2.) THE dispute in the instant writ petition relates to the rights of the parties to succeed to the agricultural land of Ram Adhar who died on 9.12.1981. Petitioners are sons of Dhunnu who was real brother of Ram Adhar. Petitioners claimed that firstly Ram Adhar had executed a registered gift deed nine days before his death i.e., on 30.11.1981, in their favour and secondly even in the absence of the gift deed they inherited the property after the death of Ram Adhar. Respondents 1 to 3 are sons of Bansh Raj. THEir claim is that their deceased mother Chandgudi was daughter of Ram Adhar and Ram Adhar did not execute any gift deed on 30.11.1981 in favour of the petitioners hence respondents inherited the agricultural property in dispute belonging to Ram Adhar after the death of Ram Adhar.

(3.) UNDER Section 122 of the Transfer of Property Act, it is provided that : "Gift" is the transfer of certain existing movable or immovable property made voluntarily and without consideration, by one person, called the donor, to another, called the donee and accepted by or on behalf of the donee." Such acceptance must be made during the life time of the donor and while he is still capable of giving.