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11. In the present appeals, challenge to the High Court's judgment was on various grounds. We shall deal with them separately.

12. So far as the appeal relating to the effect of the sale deed is concerned, it was submitted that the High Court had made out a new case about applicability of Article 65 of the Limitation Act, while the trial Court and the first Appellate Court had proceeded on the basis that Article 109 was applicable. Similarly, the basic issue was whether the sale deed was void or voidable. So far as the appeal relating to validity of the gift made by Shivdev Singh is concerned, according to learned counsel, the relevant issue is whether he made the gift and if the answer to the question is in the affirmative, to what extent could he had made the gift. Here again the question was whether the gift was void or voidable. So far as the appeal relating to the validity of the Will is concerned, it was submitted that the Courts below failed to notice that there was nothing suspicious about execution of the Will and the evidence on record clearly established that the Will had been executed out of free will and was not tainted in any way.

13. We may also refer to a passage from Mulla's Hindu Law, fifteenth edn., Article 258, which is as follows:

Gift of undivided interest. - (1) According to the Mitakshara law as  applied in all the States, no coparcener can dispose of his undivided interest in coparcenary property by gift. Such transaction being void altogether there is no estoppel or other kind of personal bar which precludes the donor from asserting his right to recover the transferred property. He may, however, make a gift of his interest with the consent of the other coparceners.

17. It is, however, a settled law that a coparcenary can make a gift of his undivided  interest in the coparcenary property to another coparcener or to a stranger with the prior consent of all other coparceners. Such a gift would be quite legal and valid".

19. We may also refer to a passage from Mulla's Hindu Law, Seventeenth Edn., (Article 258), which is as follows:

"Gift of undivided interest- (1)According to Mitakshara law as applied in all the States, no coparcener can dispose of his undivided interest in coparenary property by gift. Such transaction being void altogether there is no estoppel or other kind of personal bar which precludes the donor from asserting his right to recover the transferred property. He may, however, make a gift of his interest with the consent of the other coparcener".

21. In view of the decision in Venkata Subbamma's case (supra), the decision of the High Court so far the gift is concerned, does not warrant any interference.

22. So far as the question whether the gift is void or voidable much depends on the factual scenario. The distinction between void or voidable is summarized as follows:

"De Smith, Woolf and Jowell in their treatise Judicial Review of Administrative Action, 5th, para 5-044, have summarized the concept of void and voidable as follows: