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    <title>2018 (12) TMI 2028 - Supreme Court</title>
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    <description>A registered conveyance carries a presumption of valid execution, and the party impeaching it must rebut that presumption with reliable evidence of fraud, undue influence, or incapacity; on the facts noted, the mortgage deed and sale deed were proved. An oral gift under Mohammedan law requires intention, acceptance, and delivery of possession, and the alleged Will was not established. Redemption could not be sustained where the mortgagee had later acquired the property and the suit had not followed the procedure for redemption under Order 34 CPC. A challenge to the instruments was also time-barred under Articles 58 and 59 of the Limitation Act.</description>
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    <pubDate>Fri, 14 Dec 2018 00:00:00 +0530</pubDate>
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      <title>2018 (12) TMI 2028 - Supreme Court</title>
      <link>https://www.taxtmi.com/caselaws?id=465293</link>
      <description>A registered conveyance carries a presumption of valid execution, and the party impeaching it must rebut that presumption with reliable evidence of fraud, undue influence, or incapacity; on the facts noted, the mortgage deed and sale deed were proved. An oral gift under Mohammedan law requires intention, acceptance, and delivery of possession, and the alleged Will was not established. Redemption could not be sustained where the mortgagee had later acquired the property and the suit had not followed the procedure for redemption under Order 34 CPC. A challenge to the instruments was also time-barred under Articles 58 and 59 of the Limitation Act.</description>
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      <pubDate>Fri, 14 Dec 2018 00:00:00 +0530</pubDate>
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