third defendant and vested reminders in
favour of daughters become void as gift in favour of non-coparceners.
Therefore, there is no complete release ... members.
The Courts below came to the conclusion that the entire gift was void as
gift was made in favour of some
suspension or revocation of gifts and onerous gifts is defined
respectively are quoted below:
Section 126 . When gift may be suspended or
revoked.— The donor ... definition of gift itself which is contained in
Section 122 of TPA and reads as under:
Section 122 . “Gift” defined.—“Gift” is the transfer
permitting revocation of the gift deed is not
attracted in the case at hand. Secondly, a gift deed would be
void wholly or in part ... Therefore, the aforesaid condition
permitting revocation or holding such a gift deed to be void
does not apply. Thirdly, a gift is liable
treated to be a
consideration, certainly transaction as a gift will
be deemed to be void. Therefore, such conditions
forming part of gift deed ... That
apart, according to the respondent no. 5, the
deed of gift was void and liable to be cancelled
having been obtained fraudulently. This
treated to be a
consideration, certainly transaction as a gift will
be deemed to be void. Therefore, such conditions
forming part of gift deed ... That apart, according to the respondent no.
5, the deed of gift was void and liable to be
cancelled having been obtained fraudulently. This
That apart, according to the respondent no.
5, the deed of gift was void and liable to be
cancelled having been obtained fraudulently. This ... maintain an application for a
declaration that the deed of gift was void at his
option under the said Act.”
32. In the case
under Section 16 , seeking to set aside the order declaring
the gift deed void. The order in the appeal under Section ... order under Section 23
of the Act that declared the gift deed void. Another reason to
supplement for this conclusion is this Court
vide gift deed dated 16.01.2008. The plaintiff has filed a
petition for amendment in the partition suit seeking a
declaration of gift deed void, collusive ... alleged gift deed dated 16.01.2008 from her father Sitesh Chandra
Roy who died in 2017. But the said Gift deed is void fraudulent,
manufactured, back
only be that of declaration of a gift or a
similar transaction, as void, on the grounds of fraud, coercion
and undue influence, which otherwise ... authority under
Section 23 of the Act to declare the Gift deed
to be void. However, the aforesaid aspect of
the matter has not been
deals with the 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. In the case on hand