Xavier v. Mary
Case brief
What is this about?
High Court of Kerala dismissed three appeals by an appellant challenging partition decrees. The Court held that a gift deed executed by the appellant's father was invalid because the father held only a one-third share and the donor was mentally unfit due to tuberculosis when the deed was executed.
What did the court decide?
Appeals dismissed; no order as to costs.
What the court decided
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE DEVAN RAMACHANDRAN
MONDAY, THE 02ND DAY OF MARCH 2020 / 12TH PHALGUNA, 1941
AS.No.188 OF 1999(B)
AGAINST THE PRILIMINARY DECREE IN OS 293/1995 DATED 29-09-1998 OF ADDITIONAL SUB COURT, KOCHI
APPELLANT/2ND DEFENDANT:
XAVIER,
S/O.JOSEPH, CARPENTER, KIZHEKECHERUVALLI VEETTIL, EDAKOCHI MURI, EDAKOCHI VILLAGE KOCHI TALUK.
BY ADV. SRI.PEEYUS A.KOTTAM
RESPONDENTS/PLAINTIFFS AND DEFENDANTS 1 & 3 TO 7:
- 1 MARY
Issues for consideration
3 issues framed by the court
Whether a gift deed executed by a father who held only a one-third share could validly gift the entire property to his son.
Whether a gift deed executed while the donor was suffering from tuberculosis and mental/physical weakness is valid.
Whether the appeals challenging the partition decrees should be allowed given the invalidity of the gift deed.
Parties & counsel
- appellant
XAVIER
- respondent
MARY
- respondent
TRESSAY
- respondent
THRESSIA
- respondent
MERCY
- respondent
Case details
As recorded by the court registry
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