Latest Judgments

Sabiha Begum & Anr. v. Sahadat Hossain & Ors.

Having perused the Trust deed we are of the view that the High Court was justified in coming to the conclusion that the property has been parted with by the Executor as a gift.

(Ranjan Gogoi, R. Banumathi and Navin Sinha, JJ.)

Sabiha Begum & Anr. _____________________________ Petitioner(s)

v.

Sahadat Hossain & Ors. ___________________________ Respondent(s)

Petition(s) For Special Leave to Appeal (C) No(s). 35141/2016, decided on July 10, 2018

The Order of the court was delivered by

Order

1. Having perused the Trust deed we are of the view that the High Court was justified in coming to the conclusion that the property has been parted with by the Executor as a gift. We will, therefore, have no occasion to find fault with the order of the High Court. The Special Leave Petition is accordingly dismissed. However, we are of the view, in the hard facts of the case, that the brothers – respondents should pay a sum of Rs. 15,00,000/- (Rupees Fifteen lakh) to the petitioner No. 1 – Sabiha Begum who alone is presently residing in India. The above payment will be made within four weeks from today.

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