court, after perusal of gift deeds and settled
legal position in this regard, has concluded that gift deeds are
void ab-initio and not valid ... considering the requirement of
a valid gift deed held gift deeds [Ext. 3(A) to 3(D)] as void
ab-initio document, which
which read as follows:
" Section 122 . "Gift" defined.- "Gift" is the
transfer of certain existing movable or immovable
property made ... still capable of giving.
If the done dies before acceptance, the gift is void.
Section-123- For the purpose of making gift of
immovable property
void. The District Court found that the deed of gift was
void as being a testamentary disposition and granted a
declaration to that effect ... appeal to the High Court the decision
that the deed of gift was void was not contested and the only
question for decision was whether
cross-examination
regarding taking over possession of the gifted property renders the
gift as inoperative and void in respect of Defendant No.1 (the
donee ... Gift Deed, but it is the
adverse party, who came as the Plaintiff to declare the Gift Deed as
void. As per the averments made
returned against the plaintiff/appellant, and the impugned gift is invalid and
void or not, which will have the effect on the subsequent transfer ... Karta thereof?
OPP.
Whether the impugned gift is invalid and void and whether the
subsequent transfer of property in dispute by defendants
ingredients of gift viz. offer and
acceptance and delivery of possession. Obviously the deed of
gift is fraudulent, null and void inoperative and not binding ... still capable of giving. If
the donee dies before acceptance, the
gift is void.
123. Transfer how
effected.- For the purpose of making a
gift
registered Gift Deed, initiated
proceedings under Section 23 of the Act, 2007 seeking
declaration of the said Gift Deed as void and further
claiming maintenance ... proceeded to allow
the application and declared the Gift Deed as void, thereby
giving rise to the present writ petition.
5. This Court has meticulously
name Smt. Anitha G., under registered
gift deed dated 27/08/2012 and the said gift is a void
document as the Defendant ... contend that the
cancellation of the Gift Deed dated 20.07.2012 by the
plaintiff is a void since there was no such condition
described
entirety by any gift deed, the point which now
arises for consideration is whether the gift
deed in question could be void in its entirety ... deed of gift, the said remaining portion of the
gift deed cannot be considered to be null and
void merely because Clause (e) thereof
Learned counsel for the plaintiffs argued that the impugned Gift Deed
dated 01.04.2021 is illegal, void, and not binding upon the plaintiffs,
having been obtained ... success of
the main relief seeking declaration of the Gift Deed as null and void.
Since this Court has already held under Issue
