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If the gift to charity is residuary upon a void gift, the general rule is that it fails if the Court finds that
dispose of his undivided interest in coparcenary property by gift. Such transaction being void together there is no estoppel or other kind of personal ... legitimate foundation for the inference that all other gifts by the karta were null and void, and that what the rule properly means is that
that the gift was an improvident gift. She had no independent advice. The writer and the attesting witnesses to the deed of gift were ... appellant. I am, therefore, of opinion that the deed of gift is void and inoperative and that defendants 1 and 2 did not acquire
Sikri who appears for the department contends (1) that the impugned gift is void and not voidable, (2) that even if it is voidable ... gift cannot be said to be a gift of property within reasonable limits.
8. In support of his contention that the gift is void
each Court has found to belong to the chatram was a void gift within the decision of the Board in Ranchordas Vandrawandas v. Parvatibai ... chatram charity which had immediately before been indicated and the gift was not void for uncertainty. The original will was before the learned Subordinate Judge
distribution of the etstate upon the footing that the gift was void and the property so given passed to the next of kin. The will ... difficulty that the gift is not to the class beneficially, but to perform ceremonies which it is said render the gift void ; so that even
difficult to distinguish the gift to the woman from the gift to the children and the gift to the woman was considered to rest ... otherwise, the gift to which an immoral condition was attached remained a good gift, while the condition was void. In the lower Court an attempt
with respect to the suit properties to
be a fabricated and void gift deed. The plaintiffs also prayed to restrain
the defendant from transferring ... Property Act, 1882 defines "Gift‟ as under"
"122. "Gift" defined. "Gift" is the transfer of certain existing movable
adjudicate upon the contention of' the department that alleged gifts were void in law. The issue, therefore, before their Lordships was whether the income ... adjudicate upon the contention of the department that the alleged gifts were void in law.
6.5 The Tribunal had already, held in respect
Shanti Sarup vs Radhaswami Satsang Sabha, Dayalbagh ... on 22 March, 1968
Equivalent citations: AIR1969ALL248, AIR