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Tuesday, July 20, 2010

Gift--Oral Gift--Validity of--Gift of immovable property which is not registered is bad in law and cannot pass any title to donee.

2010(2) LAW HERALD (P&H) 986
IN THE HIGH COURT OF PUNJAB AND HARYANA
Before
The Hon’ble Mr. Justice Alok Singh
RSA No.364 of 1981(O&M)
Makhan Singh
v.
Joginder Singh & Ors.
{Decided on 11/03/2010}
For the Appellant: Ms. Simran Chahal, Advocate.
For the Respondents: Mr. Shailendra Sharma, Advocate.
IMPORTANT POINT
Gift--Oral Gift--Validity of--Gift of immovable property which is not registered is bad in law and cannot pass any title to donee.
(A) Transfer of Property Act, 1882, S.123--Oral Gift--Validity of--Gift of immovable property which is not registered is bad in law and cannot pass any title to donee--Any wrong concession given by counsel of plaintiff/appellant before First Appellate Court cannot confer any title in favour of defendants pursuant to alleged gift which in eye of law is void ab initio and nonest. (Para 16 & 18)
(B) Evidence Act, 1872, S.115--Estoppel--Wrong concession on question of law made by counsel is not binding on his client. (Para 17)