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Issues Involved:
1. Whether a gift of land made in favor of the daughter towards "Pasupu Kumkuma" as marriage provision requires a registered document. 2. Whether such lands, when possession is given to the daughter without a registered deed, should be excluded from the donor's holding for the purpose of Section 8 of the A.P. Land Reforms (Ceiling of Agricultural Holdings) Act, 1973. Detailed Analysis: Issue 1: Requirement of Registration for "Pasupu Kumkuma" Gifts Facts and Contentions: - In the cases under review, the petitioners gifted lands to their daughters as marriage provisions through unregistered documents or orally. - The petitioners argued that under Hindu Law, the father's obligation to maintain an unmarried daughter includes marriage expenses, and thus, property given as "Pasupu Kumkuma" is not a gift under Section 122 of the Transfer of Property (T.P.) Act and does not require registration. - The Government Pleader contended that such gifts fall under Section 122 of the T.P. Act and require registration under Section 123 of the T.P. Act and Section 17(1)(b) of the Registration Act. Legal Analysis: - Section 3(b) of the Hindu Adoptions and Maintenance Act defines "maintenance" to include reasonable marriage expenses. - Historical references from Manu and Katyayana indicate that daughters had a share in the father's property, evolving to the right of maintenance and marriage expenses. - Case law, including Serandayya Pillai v. Shankaralingam Pillai and C.G.T. v. Chandrasekhara Reddy, supports that property given for marriage expenses is not a gift requiring registration. - The court concluded that gifts for "Pasupu Kumkuma" are not gifts within the meaning of Section 122 of the T.P. Act, as they are obligations of the father and involve consideration. Therefore, such transactions do not require registration under Section 123 of the T.P. Act or Section 17 of the Registration Act. Conclusion: - The court held that gifts of land made towards "Pasupu Kumkuma" do not require registration as they are not considered gifts under Section 122 of the T.P. Act. Issue 2: Exclusion of Lands from Donor's Holding Facts and Contentions: - The petitioners argued that lands given as "Pasupu Kumkuma" should be excluded from their holdings under Section 8 of the A.P. Land Reforms Act. - They relied on the decision in Authorised Officer v. K.C.V. Narasayya, which emphasized that land must be included in the holding of the person in actual possession. Legal Analysis: - The court reaffirmed that the act of giving lands as "Pasupu Kumkuma" is legal and valid. - It held that the lands should be excluded from the donor's holding since they are in the lawful possession of the daughters. - Section 3(1)(v) of the Land Reforms Act includes lands in the holding of the person in actual possession, whether through mortgage, part performance of a contract, or otherwise. Conclusion: - The court concluded that the lands given as "Pasupu Kumkuma" should be excluded from the donor's holding as they are in the lawful possession of the daughters. Final Judgment: - The Civil Revision Petitions were allowed, setting aside the orders of the lower Tribunals. - The court held that the gifts of land made towards "Pasupu Kumkuma" do not require registration and should be excluded from the donor's holding for the purposes of the A.P. Land Reforms Act.
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