against the mandatory provisions of the statute
applicable in the case. The gifting of land in controversy is
alleged to be violative of the provisions ... transfer has been termed to be
illegal and void-ab-initio. The respondent-State and the
Gram Panchayat are also alleged to have violated Rule
proposition that a gift to a Hindu deity, whose image is to be established and consecrated in future, is void?
2. The disposition which ... regards a postponement of distributions and the not declaring the gift void on account of any present difficulty in giving it effect: the case
include gifts in trust. Their Lordships cannot adopt such a narrow construction of the term "gift" as would exclude any gift where the donor ... still capable of giving. If he should die before acceptance, the gift is void. If the subject of the gift be immovable property, then
there be a gift to a class, some members of which cannot legally take, the whole gift is void. The principles upon which this rule ... imported to the gift in this case. It is undoubtedly a gift to a class, but is it a gift to a class some members
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 ... gift is
concerned, does not warrant any interference.
22
22. So far as the question whether the gift is void or voidable
much depends
still capable of giving. If the donee dies before acceptance, the gift is void."
3. Section 123 provides that " for the purpose ... still capable of giving. If the donor dies before acceptance, the gift is void.
22. Stopping there for a moment, as I have already pointed
page 237 it was stated that a gift of his interest by a coparcener being void altogether, there is no estoppel or other kinds ... other coparceners or between coparceners or in exceptional circumstances is void. Since the gift being not for consideration is void in toto and operates
appeal arose, for possession of
the lands. alleging that the second gift was void. The
trial court decreed their suit but on appeal the respondent ... appeal
arises, for possession of the lands alleging that the second
gift was void. The Trial Court decreed their suit but on
appeal the respondent
interfered with the finding of the
courts below that gift deed was void as well as
plaintiff was entitled for decree of specific
performance ... judgment and
decree of the Courts below declaring the gift deed
dated 08.07.1991 as void having not been interfered
with, the defendant
sale, gift or bequest by a khatedari tenant shall
be void, if such sale, gift or bequest is by a member
of Scheduled Caste ... interest
whole or part of his holding shall be void if such
sale, gift or bequest is by a member of Scheduled
Caste in favour
