Courts below are
justified in not holding that the gift deed is void
ab initio since the gift is in respect of an open
land ... Veeresh Hiremath under Gift Deed
dated 9.9.1999, which was registered on 10.9.1999,
but, the said Gift Deed was void, ab initio and illegal,
because
deed. But if a nonexecutant seeks
annulment of a deed, he has to seek a
declaration that the deed is invalid ... cancellation of
sale deed dated 09.11.1998 (Ex.D8) and the case of
the plaintiff is that sale deed is voidabinitio,
therefore
behalf
of builder under the purported sale deed; besides the
said sale deed is also void ab-initio for want of
consideration; admittedly no consideration ... available for transfer through sale deed.
Hence, the sale deed dated 12.8.2005 is null and void
for want of subject matter physically.
57. The developer
fraud, illegal, void
and ignore the Sale Deed. He challenged the Sale Deed as void on three
specific grounds ... incuriam ?
(iii) Whether the Sale Deed dated
11.01.1996 is void or not in view of Act II of 1996 ?
(iv) Whether the plaintiffs waived their
such
circumstances, it has to be said that alleged
Partition Deed with Plaintiff is void ab initio.
53) It is, therefore, clear that, Defendant ... half
share in suit schedule property and declaring the
Partition Deed as null and void and same is not
binding on her. Prayer
property under Exhibits B1, B3 and B5. Hence,
the said sale deeds are void in the eye of law. The
learned counsel further contended that ... fictitious property as 2nd schedule in all the sale
deeds. Hence, the sale deeds are void.
15/26
https://www.mhc.tn.gov.in/judis
1991 and
04/04/191 are illegal, inoperative, null and void.
These sale deeds are registered documents.
Registration itself is a deemed notice ... basis of bogus
sale deeds, which is void ab-initio. The defendant
denied the averments made out in para
Since the agreement of assignment dated
20.05.2006 and Deed of Confirmation dated
13.07.2006 are illegal and void, Defendant No.1 has
no right to deal ... different. It cannot be
said to be void against the plaintiff as the term void or
voidable implies that but for the vitiating factor
plaintiff in which it was urged that the release deed was void
under law since the mother had no right to relinquish the share ... guardian of the minor. It was, therefore,
held that the release deed was void ab initio and, as such, was
3
not required
deed. But if a non-executant seeks
annulment of a deed, he has to seek a declaration that the deed
is invalid ... deed, wants to avoid it, he has to sue for a
declaration that the deed executed by A is invalid/void and non
est/illegal
