gift is a voidable document, while Mr. Y. C. Chandrachud, appearing for defendants Nos. 4 and 5, contends that the deed of gift is void ... gift by a Hindu widow. Different considerations would arise as between a gift by a Hindu widow and a gift by a Karta or manager
without the consent of the other coparceners is void and the gift being void dons not confer any right on the donees and consequently opposite ... gift with the consent of other coparenners. Since consent of Surendre had not been obtained white executing the gift, the gift is void. The expression
right title to gift the property of
Nathuni Singh in gift and, therefore, the gift deed was void and it was not necessary ... that the gift deed were
executed without legal necessity and, therefore, the learned Court below has rightly
held that the gift was void
that a pension cannot be a subject of gift; be says also that the gift became void because the subject-matter ... subject-matter of gift.
10. The next point which Mr. Amiruddin takes is that the gift becomes void because the right was not divided
gift deed was executed by defendant No.2 in favour of the plaintiff
and further held that since the gift deed dated 17.2.1958 is void ... gift deed has been
executed by Tally Bhagat regarding the coparcenary property
therefore, the said gift deed of the year 1958 is void document
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
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
authority for the proposition now contended for that such a gift is void beyond the lifetime of the widow even if it remains unchallenged ... sense, permissible, though perhaps not strictly accurate, to say that the gift is void when considering its validity as against the reversioner. He may treat
contention therefrom is when the defendant claims title
under the void gift by recognizing the original owner i.e., the
plaintiff, there ... gift deed neither registered nor attested and it does
not create any right or interest in favour of P, being null and void
abinitio
