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    <title>1995 (3) TMI 499 - Supreme Court</title>
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    <description>Under Mahomedan law, a gift of immovable property is complete only on declaration, acceptance by or on behalf of the donee, and delivery of possession; where the father remained in possession and no lawful guardian accepted the gift for the minors, the alleged oral gifts were not proved valid. The Court also restated that res judicata between co-defendants applies only where a real conflict of interest had to be decided in the earlier suit, the issue was finally determined, and the parties were necessary or proper parties; that basis was absent here, and a decree tainted by fraud or collusion could not create preclusion.</description>
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    <pubDate>Thu, 23 Mar 1995 00:00:00 +0530</pubDate>
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      <title>1995 (3) TMI 499 - Supreme Court</title>
      <link>https://www.taxtmi.com/caselaws?id=283921</link>
      <description>Under Mahomedan law, a gift of immovable property is complete only on declaration, acceptance by or on behalf of the donee, and delivery of possession; where the father remained in possession and no lawful guardian accepted the gift for the minors, the alleged oral gifts were not proved valid. The Court also restated that res judicata between co-defendants applies only where a real conflict of interest had to be decided in the earlier suit, the issue was finally determined, and the parties were necessary or proper parties; that basis was absent here, and a decree tainted by fraud or collusion could not create preclusion.</description>
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      <pubDate>Thu, 23 Mar 1995 00:00:00 +0530</pubDate>
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