Bakhshish Singh
vide registered gift deed dated 27-6-1964. Bhagtu is alleged to have executed a registered gift deed ... Exhibit P8) and while attacking the gift deed dated 27-6-1964 (Exhibit D2) submitted that the gift deed (Exhibit D2) cannot be acted upon
said Gift Deed, which is also pending
between the parties. The appellant/defendant alleged that the
alleged Gift Deed is forged and fabricated ... Lease Deed were violated as no prior
permission was taken from the Government to transfer by gift
and as such the Gift Deed was void
Gift Deed at their instructions and the Donee had
taken active participation in the Gift Deed. Moreover, the witness of the
Gift Deed Sh. Arjan ... deceased signing the Gift Deed. Therefore,
the Gift Deed can not relied upon. Thus, the Gift Deed is not a valid
document and it does
Held: A registered gift deed cannot be unilaterally
cancelled, cancellation of gift deed by another registerd
deed was not legal and valid, the remedy ... cancellation of Gift Deed, but not
condition of Gift Deed. On this ground also, the cancellation
of the Gift Deed is an illegal act committed
Page 13 of 29
Mal who had made a valid gift deed in favour of his daughter
Shakuntala Devi vide the aforenoted document ... made a valid gift deed in favour
of Shakuntala Devi vide a registered gift deed dated
such
unilateral cancellation deed binds the donee?
3) Whether Ex.A-1 Gift Deed is a conditional Gift Deed
and non-consideration ... described as gift deed, it is
not a gift deed and hence unilateral cancellation of same is
valid.
5
13. Section 122 of the Transfer
short “the donee”)
by way of a gift deed dated 31.05.1949. In the said gift deed, the
donor has clearly stated that:
“………and I (donor ... another tenant in
respect of the selfsame gift deed. The gift deed has been held to be
valid. It has also been held that
well as identifier and scribe. of the gift deed establishes beyond doubt that the gift deed was validly executed by Mostt. Lachho Devi ... gift deed and he was put in possession of the gifted property and hence, the gift deed (Ext.D) is not a valid document
terms of the definition of gift,
referred above, the essential requisites for a valid gift deed are : (i) absence
of consideration; (ii) donor ; (iii) donee ... legal requirements of a valid gift
deed. Accordingly, it is held that the Registered Gift Deed executed by
Defendant No. 2 in favour of Plaintiff
plaintiff for declaration of his title based on a valid Gift Deed should
fail as the plaintiff omitted to pray for the consequential relief ... This Court proceeded to hold that the essentials of a valid gift deed
can be met even by constructive handover of possession
