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2026:JHHC:12991 Learned trial court, after perusal of gift deeds and settled legal position in this regard, has concluded that gift deeds are void ab-initio and not valid in law.

Learned 1st Appellate Court after perusal of evidence on record has affirmed the findings and held that gift deeds are void-ab-initio and on the basis of same, plaintiff and her sisters cannot be deprived of their share in the light of the ratio laid down by Hon'ble Court in the case of Veenita Sharma Vrs. Rakesh Sharma & Ors (Supra).

xvii. In view of the aforesaid facts and circumstances, this court is of the considered view that the learned courts have rightly held that the gift deeds were void-ab-initio.

33. Thus, this court holds that both the courts have rightly disbelieved the registered Relinquishment Deed (exhibit-4D) executed by the three sisters in favour of the four brothers (appellants- defendant no. 1 to 4) and also rightly disbelieved the registered gift deeds (Ext.3A to 3D) executed by father of the parties in favour of the four brothers (appellants- defendant no. 1 to 4) and have rightly held that the relinquishment deed as well as the gift deeds were void -ab-initio. The substantial questions of law nos. 2 and 3 are accordingly decided against the appellants and in favour of the contesting respondents.

41. The learned courts have found that the four gift deeds and the relinquishment deed on the face of them were null and void. So far as the gift deeds are concerned , the learned courts found that the gift deeds were executed, interalia, in lieu of services rendered by minor sons, and one of them was less than one year old, and the minor sons were incapable of rendering any service to their father and held that the gift dees were void ab initio and also held that even as per the gift deeds there was no acceptance of gifts. So far as the relinquishment deed is concerned, it was held to be void ab initio on the face of the document as the executors stated in the relinquishment deed itself that they have no right over the property being relinquished.

2026:JHHC:12991 vi. In aforesaid circumstances, the argument of the learned counsel for the appellants that the gift was complete by virtue of deemed acceptance from the date of execution of the gift deeds in the year 1972 and hence the suit seeking declaration that the gift deeds were null and void was barred by limitation cannot be accepted.

vii. This is over and above the fact that the learned courts additionally found that the gift deeds were executed, interalia, in lieu of services rendered by minor sons, and one of them was less than one year old, and the minor sons were incapable of rendering any service to their father and held that the gift deed were 'void ab initio' and this finding of fact has attained finality.