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As per case facts, plaintiffs sought title declaration and possession of property gifted by Md.Shareef to his daughter, Haseena, who later died, making plaintiffs her heirs. Defendants (Md.Shareef's other family)
...disputed the gift deed, claiming it was a mortgage or invalid due to consideration, and refused to vacate. Lower courts ruled for plaintiffs, confirming the gift's validity. The appeal was brought by defendants. The question arose whether the gift deed was valid given claims of consideration and if lower courts erred in declaring title based on it. Finally, the Court affirmed that the registered gift deed was valid, executed without consideration (as per law), and possession was constructively delivered. Defendants failed to prove it was a mortgage or invalid. Therefore, the plaintiffs established clear title, and the appeal was dismissed, upholding lower court judgments.
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