Gift Deed

 2021 C L C 1056

Gift---

----Gift deed---Burden of proof---Scope---Petitioners filed a suit for partition of suit property whereas respondent filed a suit for declaration-cum-permanent injunction claiming to be owner of the suit property on the basis of gift deed executed by her late husband---Courts below concurrently decreed the suit filed by respondent---Validity---Respondent had claimed to be owner of the property on the basis of gift deed, contents/narration whereof itself disclosed that the donor had intentionally and with his conscious mind executed the gift deed wherein the offer and admission of handing over the possession of the property was also reflected---Acceptance was also visible from the thumb impression of the respondent embossed by her at footnote of the gift deed, which was sufficient to declare it a valid gift---Possession of the respondent over the suit house was also established from factum of admission of the parties as the respondent was residing in the said house---Gift deed was proved by producing the Stamp Vendor, Scribe of the gift deed and both marginal witnesses whereas the respondent herself had also appeared as a witness---Burden to prove authenticity and validity of gift was always on the beneficiary, which in the present case was duly discharged by the respondent---.