2019 AIR CC 503 (KAR) ::2018 (4) AKR 753 ::(2019) 1 CivLJ 554 ::(2019) 2 CivilCourtC 600 ::(2018) 2 ICC 957 ::(2018) 3 KCCR 2467 ::(2018) 4 Kant LJ 611

Karnataka High Court

Hon'ble Judge(s): B. Veerappa , J

(A) Transfer of Property Act (4 of 1882) , S.123— Validity of gift deed - Challenge as to - Donor never disputed execution of registered gift deed - Registered gift deed not obtained by donee by playing fraud or coercion - Question of examining attesting witnesses would not arise. Evidence Act (1 of 1872) , S.68— (Para 19 20) (B) Transfer of Property Act (4 of 1882) , S.123— Gift deed - Essential characteristic - Essential characteristics of valid gift are that it should be voluntary and without consideration - Love and affection between parties not necessary. (Para 20) (C) Transfer of Property Act (4 of 1882) , S.123— Cancellation of gift deed - On ground of absence of love and affection between parties - Donor never disputed execution of gift deed - Gift deed not obtained by donee by playing fraud or coercion - Gift deed, otherwise proved, cannot be challenged, on ground that it was executed without consideration of love and affection - Gift deed held valid. (Para 19 20 26 29) ....