Supreme Court sets aside gift deed over land settled in 1959

The case concerns a dispute over land in Karkalpahad Village where the appellants challenged a 2007 Gift Deed executed by the respondent, arguing that the lands were not part of his share under a 1959 family settlement and a 1986 compromise. The Supreme Court reviewed whether the lower courts correctly upheld the validity of the Gift Deed.

Who it concerns: Appellants: B. Anasuyamma (deceased, per legal representatives) and another; Respondents: B. Madhusudhan Reddy (deceased, per legal representatives) and others; Bench: Justice Sanjay Kumar and Justice Sanjeev Sachdeva.

What the court decided

• Allowed the appeal.
• Set aside the judgment and decree dated 12.12.2022 in Appeal Suit No. 372 of 2012 (Telangana High Court).
• Set aside the judgment and decree dated 09.04.2012 in O.S. No. 250 of 2007 (Trial Court).
• Decreed the suit as prayed for by the appellants.
• Directed that there shall be no orders as to costs.

Also in the document

• The Court noted that none of the respondents appeared before the Supreme Court to contest the appeal despite service of notice.
• The Court observed that the High Court and Trial Court judgments were founded on fundamental errors, including the failure to consider the 1959 family settlement and the 1986 compromise recorded by the High Court.
• The Court noted that the lands gifted in the 2007 deed were allotted to Manikyamma in the 1959 settlement and that Madhusudhan Reddy had given up his claim to them in the 1986 compromise.