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Sridhar & Anr. vs. N. Revanna & Ors. (SC)

42.00 4.20

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Transfer of Property Act, 1882–Secs. 10 & 13–Gift deed was executed in favour of defendant no. 1 wherein the condition was incorporated that the donee or his younger brother who may be born after the execution of gift deed will have no right to alienate the scheduled property in any manner whatsoever by way of sale, gift, mortgage or otherwise–Condition was a void condition in view of the provisions of Sec. 10 of T.P. Act–Further, it was clearly a gift deed in favour of defendant no. 1 and was not in favour of an unborn person–Held, defendant no. 1 was entitled to transfer the property which he received through the gift deed.