AIR 1968 PUNJAB AND HARYANA 495

Punjab And Haryana High Court

Hon'ble Judge(s): Mehar Singh , C.J. AND R. S. Narula , J

(A) Transfer of Property Act (4 of 1882) , S.123— Section extended to areas covered by "Pepsu" State on 15-05-1967 - No corresponding law prior to that date - Gift deed executed and registered earlier - Registration did not make gift complete and effective - Gift was governed by custom. Prior to 15-5-67, when S. 123 of the Transfer of Property Act was extended to territories that formerly comprised Patiala and East Punjab States Union (Pepsu), there was no law corresponding to T. P. Act in operation in Pepsu. So provisions of S. 123 were not applicable to gift deeds executed prior to that date and even if the gift deed was registered it did-not make the gift complete or effective. Under the customary law in Punjab a gift in order to be valid must ordinarily be followed by possession and must be free from undue influence. Where therefore in spite of a gift deed being registered, it was found that it was neither free from undue influence nor possession was delivered to the donee, the gift held to be inoperative.(Para 9 10) (B) Specific Relief Act (1 of 1877) , S.39, S.42— Suit for declaration that certain document is void - No need to specifically @page-PunjHar496ask for document to be delivered up and cancelled.AIR 1940 Pat 133, Foll....