question the validity
of the gift deed which would not arise for consideration and
the challenge to the gift deed would not arise for consideration ... owner has already gifted the property way
back in 1938. The consequence of gift and its validity and
whether such a gift was not acted
widow's for
declaration and partition assailing the validity of the gift
deed and claiming reversioners' right after death of the
mother ... husband, and another for declaration and
partition by respondent assailing validity of the gift deed
and claiming reversioner's right after death
conclusion recorded by the trial Court on the issue
of validity of Gift Deed dated 29.11.1944 ignoring that the burden to prove
the competence ... lower appellate Court and/or the
High Court on the validity of Gift Deeds dated 29.11.1944 and 22.10.1966,
Will dated 27.10.1975 executed by Gopalji
about the collusiveness of the deed of gift and,
therefore, there is no basis for holding the deed of gift as
collusive. The trial Court ... that since the
donor has admitted the genuineness and validity of the deed
of gift, any other person cannot be permitted to challenge
its genuineness
gift deed dated 19-3-1920. In the written statement filed by the second defendant it was contended that the gift deed was not executed ... gift deed in fact, but it was for consideration. He also contended that the gift deed was invalid in law and the plaintiff could
questioning the validity of the gift deed. She has not mentioned anything regarding the background in which the gift deed came to be executed ... donees, and that he has not accepted the gift. When the validity of the gift deed is thus attacked as not satisfying the rules
deed. Before looking into the validity
of the gift deed, the essential conditions of a gift deed under the Mohammedan
Law have to be kept ... disputing the validity of the gift, is found in
possession of the gifted lands, cannot detract from the completeness of the
gift.
19. By applying
make writing essential to the validity of a gift; an oral gift
fulfilling all the three essentials makes the gift complete and
irrevocable. However ... that in all cases where the gift deed is
contemporaneous to the making of the gift then such deed must
be registered under Section
make writing essential to the validity of a gift; an oral gift
fulfilling all the three essentials makes the gift complete and
irrevocable. However ... that in all cases where the gift deed is
contemporaneous to the making of the gift then such deed
must be registered under Section
accordance with law raising a presumption as to the validity
of the Gift Deeds and the respondent has failed to rebut the said
presumption ... appellant Nos. 1
and 2 to prove the validity of the Gift Deeds. The evidence of D3W1,
Smt. Manohar Bhasin Hazooria and of D3W2
