dies before acceptance, the gift is void."
It thus appears that one of the essential ingredients of
a valid gift is of its acceptance ... also oral to find that the defendant was in
possession of the suit land. In order to constitute a valid gift, a
seminal requirement
acquired title over the
suit land on the basis of the oral gift made by the father of the
plaintiff in 1950. The order ... owner in possession of the
suit property. He made an oral gift in favour of defendant no.1, his
sister
oral evidence to support the case that there was divestiture of the property contemporaneously so as to say that there was a valid trust. Besides ... recitals in that deed say that though they have executed a gift of the property for the purpose of performing Nandavanam charities, from the date
gift
deed. The love and affection itself is sufficient to
41
indicate that the gift deed executed by the plaintiff is
valid and the plaintiff ... part of the
plaintiff clearly depicts that the plaintiff executed valid
gift deed in respect of suit property. Therefore, the
42
lower appellate Court held
gift
deed. The love and affection itself is sufficient to
41
indicate that the gift deed executed by the plaintiff is
valid and the plaintiff ... part of the
plaintiff clearly depicts that the plaintiff executed valid
gift deed in respect of suit property. Therefore, the
42
lower appellate Court held
facts and evidence concluded that gift deed was not acted upon nor the
plaintiff accepted the gift and took possession of the property ... property since because the gift was not
acted upon thereby held that purchase made by the defendants' father was
valid. Besides, the plaintiff
settlement deed dated 24.9.1978, executed by the plaintiff was a true and valid document and ordered for compulsory registration. The plaintiff has not questioned ... trial court framed necessary issues and after taking into consideration both the oral and documentary evidence, came to the conclusion that the settlement deed, said
been made to treat the said document as a transaction otherwise than gift. The fact, however, remains that the nomenclature, recital as well ... clear, beyond any doubt, that the document in question is a gift deed. The learned Counsel for the appellant also does not seriously dispute
prove
the defendant No.3 obtained the registered
gift deed dated 24.11.2001 from the
plaintiff?
6 Whether the defendant No.3 proves
execution of will ... mind?
7 Whether the defendant No.3 proves
registered gift deed dated 24.11.2001 is
valid?
8 What order or decree?
O.S.216/2007
Smt. Sanjukta Ray vs Bimelendu Mohanty And Ors. on 15 October, 1996
Equivalent citations: AIR1997ORI131
