1004 made unsuccessful efforts for grabbing the said property thus, the plaintiffs are companystrained to file this suit, on the grounds which are stated as under The deceased Chhotabhai Ashabhai was number in any manner related to the defendant Ramanbhai Mathurbhai.
In the gift deed dated 15/11/1997, the witnesses that have signed 1 Bhikhabhai Ramabhai and 2 Karshanbhai Dhulabhai who were number having any kind of relations with the deceased Chhotabhai Ashabhai and or they were number even related as his friends.
The appellants have, inter alia, pleaded that Chanchalben, wife of the Donor, died in August, 1997.
The facts of the present case are akin to the facts which were before the Kerala High Court in Kannan Nambiar.
Chanchalben the wife of deceased Chhotabhai Ashabhai had expired during the period of August, 1997, thus, on 15/11/1997, there was numberreason for Chhotabhai to execute the gift deed, number only that but the real nephews of the deceased Chhotabhai Ashabhai who were living at Ghayaj were taking companyplete care of deceased Chhotabhai Ashabhai, thus, outside their knowledge, at any time the deceased Chhotabhai had numberreason to execute deed.
The parties went to trial on the following issues Whether the plaintiffs prove that the disputed gift deed is 1 for short, Donor 2 for short, Donee fabricated?
1 to 4 were living in USA America since many years and the deceased Chhotabhai Patel and the mother of plaintiff Nos.
Whether the plaintiffs prove that the suit properties are ancestral properties and late Chhotabhai Ashabhai had numberright to execute the gift deed?
1 to 4 Chanchalben wife of Chhotabhai Ashabhai who had expired in and around August, 1997, and since August, 1997, deceased Chhotabhai Ashabhai was living alone thus, taking advantage of his loneliness the defendant on 15/11/1997 executed one gift deed which was registered in the office of Sub Registrar, Padra at Sr.
The appellants are sons of Chhotabhai Ashabhai Patel1 who died on December 6, 2001.
The deceased Chhotabhai Ashabhai Patel and his wife Chanchalben wife of Chhotabhai Ashabhai Patel were living in America since many years prior to 1997.
During his life time, he purportedly executed a gift deed dated November 15, 1977 in favour of defendant Ramanbhai Mathurbhai Patel2.
Whether the plaintiffs prove that the defendant has numberright, title or interest over the said property?
The property was purchased by Ashabhai Patel, father of the Donor and it is by virtue of Will executed by Ashabhai Patel, property came to be owned by the Donor in the year 1952 1953.
Whether the defendant proves that the plaintiffs have numberright to file the present suit?
Whether the plaintiffs prove that they are entitled to get the relief as prayed for?
What order and decree?
HEMANT GUPTA, J. Leave granted.
The order passed by the High Court of Gujarat on September 5, 2018 in second appeal is the subject matter of challenge in the present appeal on behalf of the plaintiffs appellants.
