M.A. Abdul Malick Saheb vs T.P. Muhammad Yousuf Sahib And Ors. on 21 March, 1960
The decision reported in Abdul Mallick Saheb v. Md. Yousuf Sahib (1960) 2 M.L.J. 367, is a case of a gift by the son in favour of the mother. The division Bench has held that the transactions in the nature of a. bounty from a child to a parent are in equity looked upon With caution and it is the duty of the donee to prove that the gift was the result of free exercise of independent will and the Court should be satisfied that the donor was acting independently without any influence from the donee. The mere existence of the fiduciary relationship of parent and child between the donee and the donor raises a presumption of undue influence and it is for the donee to rebut the presumption.