Disputed gift

Neither scribe nor marginal witnesses of disputed gift deed and stamp vendor were produced and examined to prove validity of alleged gift deed

Effect

Onus of proof of factum and genuineness of disputed gift deed was on the beneficiary of gift

Beneficiaries were duty bound and heavy onus lay on them to prove by convincing evidence satisfying judicial conscience of court that transaction shown to be a gift was executed by the donor in favour of the donees

Valid gift could be effected orally or through registered gift deed, but mere registration of the same was not proof of its execution if any of the parties had denied its execution

When a document was required by law to be attested, that should not have been used as evidence until two attesting witnesses had been called for proving the execution

Factum and genuineness of the gift was not proved in circumstances.