favour in
view of cancellation of her Gift Deed and existence of Gift Deed in
favour of the Defendant. There is no cause of action ... this above suit
for declaring the cancellation of the Gift Deed as null and void and
for consequently declaring the Gift Deed
gift by gift deed dated 18-12-
1952 in favour of defendant No.2, therefore, the first appellate Court
has rightly declared the gift deed ... said gift
deed was never executed by Gayatri Bai in favour of the appellant /
defendant No.2, therefore, the gift deed is void ab initio
Section 122 of Transfer of Property Act, deals with Gift.
Gift is the transfer of certain existing moveable or immoveable property made
voluntarily and without ... still capable of giving.
If the donee dies before acceptance, the gift is void.
This Section makes it clear that gift has to be accepted
father and that later, the said
brother gifted the property under the gift deed,dated 14.03.1996, to the plaintiff
and delivered vacant possession ... said gift deed of the year 2001 to
8
MSRM,J
CRP_592_2019
the3rddefendant and that the gift deed is void ab initio
plaintiff and on the basis of wrong, illegal and void gift deed
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3
and mutation, defendant ... gift. It was
denied that defendant No.1 had obtained the gift deed by
playing fraud and misrepresentation. According to the
defendants, the gift deed
before the Registrar and
got registered the document and the gift deed is void abinitio
incapable of conferring any right, title and interest ... herein has sought for declaration of gift
deed as null and void. The gift deed is much prior to Ex.P.1 sale
deed
share?
3. Whether the Will dated: 4.5.1989 and Gift
Deed dated: 21.4.2006 are null and void?
4. What order or decree?
Additional Issues
1. Whether ... Office of the Sub-Registrar for registration of the
said Gift Deed.
27. The Gift Deed is a compulsorily attestable document. It is
attested
Judge, Family Court, Bengaluru, on 17-9-2013 as
null and void, Gift Deed dated 3-10-2013 in
pursuance of above Agreement as null ... played fraud on
deceased S.M.Ramachandra and made
him execute a gift deed in her favour
regarding suit 'A' schedule property?
4. Whether
till
his death will not make the gift a conditional one; if the terms of the gift deed
were ,that there had been an absolute ... make the gift
revocable; if there was a condition that on failure to perform any of the
conditions the gift will be void, then certainly
that the gift deed is
defective. This does not put the registered gift deed in the category of void or
voidable documents. This innocuous error ... reason to hold the gift deed to be defective. This neither puts the registered
gift deed in the category of void or voidable documents. That
