particular
36
finding of their own. xxxxxxxxxx Since the deed
of gift was void ab initio, there was no deed for its
declaration or cancellation ... gift deed, right to revoke the gift deed
was reserved by the donors and as such the gift deed is void
under Section
gift deed dated
28.10.2016 and hence, the alleged gift was not complete.
35. Besides, according to him, even the acceptance of the gift ... gift deeds
in question, the suit filed by her for declaration of two gift deeds
in question as null and void, being a suit under
deals with gifts
generally and, inter alia, provides for the mode of making gifts. Section
122 of the Act defines ‘gift’ as a transfer ... while he is still capable of giving. It stipulates that a gift is void if
the donee dies before acceptance.
10. Section 123 regulates mode
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
still capable of giving.
If the donee dies before acceptance, the gift is void.
21. Thus, Section 122 of the Transfer of Property Act clearly ... alienations by gift, as time passed the courts of law declared alienations by gift of undivided interest in coparcenary properties as void. The leading decision
deals with gifts of movable and immovable properties. Section 122 defines 'gift' as under:
Gift" defined.
122. "Gift ... still capable of giving.
If the donee dies before acceptance, the gift is void
7.4. Section 123 of the Transfer of Property Act deals with
Devi ripened into an absolute title.
3. Whether the deed of gift became void on account of non-compliance of the specific conditions mentioned ... instant appeal. The specific point as to whether the deed of gift became void for non-compliance of the requirements of Section 122 of Transfer
Transfer of Property
Act, 1882 defines „Gift‟ as under"-
"122. "Gift" defined. - "Gift" is the transfer of certain existing ... make the gift revocable; if there was
a condition that on failure to perform any of the conditions the
gift will be void, then certainly
first respondent during the lifetime
of the father and hence the gift is void as per Section 122 of Transfer of Property
Act. The learned ... retirement which was much after
Mr.Sengodan's death, the gift is void in terms of Section 122 of Transfer of
Property Act. Section
admitted the gift, but said that the gift was fictitious and was never acted upon, that Mt. Kapuri had never accepted the gift and that ... gift was a real gift intended to be acted upon, but that the wife never having accepted the gift, it was void as against subsequent
