Amratlal C. Bhagat v. Bharat A. Bhagat (A-31-11;
068213)
A person seeking to rebut the presumption that a
transfer of property from a parent to a child is a
gift must show clear and convincing evidence of a
contrary intent. That person is limited to evidence
antecedent to, contemporaneous with, or immediately
following the transfer, and may also adduce proof of
statements by the parties concerning the purpose and
effect of the transfer. Applying those principles,
the evidence adduced by A.C., including statements
made by B.B. in a prior litigation regarding the
ownership of ABB Properties stock, raises sufficient
factual issues to defeat summary judgment in this
case. 1-30-14
068213)
A person seeking to rebut the presumption that a
transfer of property from a parent to a child is a
gift must show clear and convincing evidence of a
contrary intent. That person is limited to evidence
antecedent to, contemporaneous with, or immediately
following the transfer, and may also adduce proof of
statements by the parties concerning the purpose and
effect of the transfer. Applying those principles,
the evidence adduced by A.C., including statements
made by B.B. in a prior litigation regarding the
ownership of ABB Properties stock, raises sufficient
factual issues to defeat summary judgment in this
case. 1-30-14
