defendant
No.1. then the gift deed becomes void and under the void
gift deed claiming the right, title, possession over the suit
property ... property she cannot
gift the suit property independently. Gift deed executed
by Smt Gowramma without having any right definitely is
void ab initio. Hence
incorporated for a declaration that both the deeds of gifts
were null, void, inoperative and not binding upon the parties.
The learned Court below upon ... deeds of gift by way of
an amendment by incorporating two prayers for declaration
that the said deeds of gift were void, inoperative
appellant sued the respondent for having the
deed of gift declared void under Section 31(1) of FERA. On the suit being
dismissed, the issue ... predecessors of the appellant in Asha John
Divianathan. The registered gift deeds were declared void by the Supreme
Court since they were executed
registration of the deed of gift and in
absence of any acceptance such deed of gift is void,
but we do not think that such ... lifetime of
the donor may accept the gift and the gift would not
be rendered void, as it was not accepted at the time
gift deed had been transacted out of that promise
constituting the basis of „consideration‟, the said gift deed
suffered from illegality and void ab initio ... declaration of title on the basis of
such void gift deed and claim recovery of khas possession,
evicting the defendants from the suit property
gift in his favour by practising
fraud on the father.
Emphasis has been placed on the deed of gift to
show that the gift ... only the transferor could pray for
declaration that the deed of gift was void. Thus, His
Lordship in Payel Sinha (supra) held that the cause
constituted for such purpose to declare a deed
of settlement or gift void under certain circumstances specified therein. The
designated authority empowered to preside over
issued by 3 respondent and not recording null and void nature of gift
cancellation document No. 1511/2003 dated 22.12.2003 connected to petitioner ... Cents respondent and not recording null and void nature of gift cancellation
document No covered by Sy. No 334-2B1A of A. Konduru Revenue
been made out for declaring the said registered deed of
gift as void.
{{ 5 }}
It is further submitted that when the Trial Court on proper ... with the Trial Court in setting aside the
registered deed of gift as void is suffers from the vice of perversity
and thus cannot sustain
upon
the gift deed nor delivered the possession to the
defendant. The gift deed obtained by the defendant is
a fraudulent gift deed and same ... gift deed in his favour by mis-
representation and by playing fraud and hence, the gift
deed dated 2/5/2011 is null and void
