Practicing Success
In which of the following cases, the Court held that a person can acquire an immovable property by way of an Oral transfer also? |
Gajadhar v. Rombhaee 1938 Madam Pillai V. Badar Kali Cooper v. Cooper 1874 Carlill v. Carbolic Smoke Ball Co |
Madam Pillai V. Badar Kali |
In Madam Pillai V. Badar Kali (45 Mad 612 (FB), the plaintiff being the first wife made a claim for maintenance to her husband. The husband orally transferred his lands of the value of Rs. 100/- to the plaintiff. Later, he executed an instrument of sale in favour of the defendant for the same property. The plaintiff initiated a suit stating that the transfer was initially made in her favour and the subsequent sale to the defendant was not valid. The defendant stated that the transfer in favour of the plaintiff failed for want of a registered instrument. The Court held that - the plaintiff acquired a title by way of oral transfer and she is entitled to the property though the instrument of sale was not registered. |