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
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
legal document such as “a
Will” will not necessarily void the gift if it can be determined from other facts” and
held that when ... legal
document such as “a Will” will not necessarily void the gift if it can be determined
from other facts”. The said legal maxim
that coparcener has no power to gift his
undivided share and gift by such coparcener is void.
18. In the matter of Thamma Venkata Subbamma ... power to gift his
undivided share unless he is sole surviving coparcener and gift by
such coparcener is void ab initio. Paragraphs
gift deed under the
provisions of Section 122 of the Transfer of Property Act,
which reads as under;
"Gift" defined, - "Gift ... gift deed concurrently held that the
plaintiff failed to prove the registered gift deed dated
20.09.1975 is null and void and defendant will not
confirm
gift deed under the
provisions of Section 122 of the Transfer of Property Act,
which reads as under;
"Gift" defined, - "Gift ... gift deed concurrently held that the
plaintiff failed to prove the registered gift deed dated
20.09.1975 is null and void and defendant will not
confirm
baseless, false
and invented. The alleged document cancelling the gift deed is a void
document. The donor has no right to cancel the gift ... that such unilaterally executed
deed of cancellation cancelling a deed of gift is void. This settled
legal position is reinforced by the decision in Kapuganti
Hardei executing the gift deed in
favour of the plaintiffs, and, as such, the gift is illegal and
void. Apart from this, the defendants have ... giving. In the event of the donor dying before
acceptance, the gift is void.
Section 123 of the Transfer of Property Act, deals, with
Consolidation Authority
has got no jurisdiction to declare the deed of gift void and ignore the
same while preparing the records of rights under Section ... Consolidation
Authority has got no jurisdiction to declare a deed of gift as void and
ignore it.
Having considered the facts aforesaid, I find that
suit was for declaration that the registered gift deed dated 6.1.1984 is
illegal and void.
2. The following genealogy would show the relationship ... property mentioned in Ext.1 is held to be void, the gift of balance
property shall be held to be void since the gift deed
