Ganga Prasad v. Subhas Chandra

Quick Summary

The question was simple: Can a gift deed from a grandfather to his grandson be cancelled as “forced”? The Supreme Court said no on the facts here. There was no presumption of undue influence. The party alleging influence had to prove it, and they did not.

The deed was made out of love and affection. The family knew about the gift for years, yet the suit came late. The Court upheld the gift and dismissed the challenge.

Issues

1. Whether the gift deed between the executor (grandfather) and his grandson could be cancelled or held invalid.
2. Who bears the burden to prove undue influence in a family gift.
3. Whether long delay and surrounding conduct affected the credibility of the challenge.

Rules

• There is no automatic presumption of undue influence in gifts to close relatives; it must be proved with clear facts.
• If a party is shown to dominate the will of the donor, the burden shifts to justify fairness and free consent.
• Gifts made out of love and affection are valid if the donor understood and intended the transfer.
• Delay in suing and inconsistent conduct can weaken a plea to cancel a deed.

Arguments

Judgment

The Supreme Court allowed the appeal. There was no presumption of undue influence here. If at all it was claimed, the burden lay on the person alleged to be in a position to dominate the will. That burden was not discharged.

The deed was executed out of love and affection. Its authenticity could not be doubted on the record. The challenge failed.

Ratio Decidendi

For cancelling a family gift, courts look for clear proof of domination or unfair advantage. Mere age, kinship, or suspicion is not enough. Where the deed appears conscious and affectionate, and the challenge is delayed, cancellation will not be granted.

Why It Matters

• Clarifies burden of proof in family gift disputes.
• Protects genuine gifts made from love and affection.
• Signals that delay and weak evidence cannot undo settled deeds.

Key Takeaways

Mnemonic + 3-Step Hook

Mnemonic: “Love Gifts, No Presumption” → Love gift, Genuine, No presumption, Proof needed.

1. Spot the motive: love/affection or pressure?
2. Ask who bears proof and what evidence exists.
3. Assess delay and family conduct before seeking cancellation.

IRAC Outline

Glossary

Undue Influence

Unfair use of a position to dominate a person’s will and secure an advantage.

Benami

Property held in the name of another; contextually mentioned in family transactions.

Burden of Proof

Duty to prove a fact; here, to show influence that vitiates consent.

FAQs

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