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10. If the above observation are seen, it is very much clear that the copacener has no power to gift coparcenery property and the only exception would be a gift of fraction of property during distress for the sake of the family and especially for pious purposes. The property is not gifted for any of these reasons. The only reason given in the gift deed is that the property was being gifted out of love. The learned judge of the trial Court seems to have rightly considered the provisions of law. The decision in Tatoba's case equally lays down that if a donar gives what did not belong to him, the gift is void ab initio. The gift deed in this case has to be treated as void ab initio. It was contended on behalf of the respondents that the plaintiff does not seek any declaration to that effect and seeks an injunction only and therefore the suit itself was not maintainable. There is no necessity of seeking declaration that the document is void. Where it is void ab initio, there is no need to see such declaration. Such a declaration needs to be sought when the document is voidable.