The central legal point established in the judgment is the irrevocable nature of a gift deed, the significance of acceptance and possession in validating a gift, and the legal requirements for cancellation of a gift deed.

JUDGMENT

(Prayer: This Appeal Suit has been filed, under Order 41 Rule 1 read with Section 96 of CPC, against the judgement and decree, dated 01.04.2015, made in OS.No.50 of 2014, by the Principal District Court, Krishnagiri.)

1. This Appeal Suit has been filed, by the Plaintiff , against the judgement and decree, dated 01.04.2015, made in OS.No.50 of 2014, by the Principal District Court, Krishnagiri.

2. The case of the Plaintiff , as set out, in the plaint is that the 4th Defendant is the mother of the Plaintiff and the 1 to 3 Defendants. The suit property and other properties belonged to the 4th Defendant. The 4th Defendant had gifted the suit property, by a Registered Gift Deed dated, 13.06.2012, in favour of the Plaintiff and the Defendants 1 to 3 and since then, they have been in possession of the same and they became the absolute owners of the same. The gift deed is an irrevocable and unconditional one. The Plaintiff and the Defendants 1 to Defendants had sold 0.37 cents of land out of the Ac.2.37, by a sale deed, dated 19.09.2013 and paid the amount to the 4th Defendant for her needs. Even in the sale deed, dated 19.09.2013, the 4th Defendant is also an attestor. Thus, the remaining 2.00 acres is their absolute property. The Plaintiff and the Defendants 1 to 3 are each entitled to 1/4th share in the same. On 01.04.2014, the Plaintiff learnt that on 01.11.2013, the 4th Defendant executed a deed of cancellation of the gift deed, dated 13.06.2012, which cannot be sustained in law. According to GO.Ms.No.139, dated 25.07.2007 and the decision of this Court reported in (2012) 5 MLJ 169, the Sub-Registrars have been directed not to cancel any document without consent of other party. The 4th Defendant is making arrangements to alienate the suit property. Hence, the suit has been filed for declaration that the deed of cancellation of Gift deed, dated 01.11.2013 is null and void and not binding on the Plaintiff and 1 to 3 Defendants and for permanent injunction against the 4th Defendant and for partition to divide the suit property into 4 equal shares and to allot one such share to the Plaintiff and for costs.

3. The case of the Defendants 1 to 4, as set out in the written statement, filed by the 4th Defendant and adopted by the Defendants 1 to 3 is that the Plaintiff have no cause of action. The averments relating to the alleged gift deed and that the Plaintiff and the Defendants 1 to 3 had obtained possession of the suit land are totally denied. The original document is still retained by the 4th Defendant with the consent and concurrence of the Plaintiff and the Defendants 1 to 3 on 01.11.2013. This Defendant totally refutes the fact that the Plaintiff and the Defendant 1 to 3 have become absolute owners and the 4th Defendant had lost her right by virtue of the gift deed executed in favour of the Plaintiff and Defendants 1 to 3. The alleged gift deed was not executed in favour of the Plaintiff and the Defendant s 1 to 3 out of her own volition. In fact, the Plaintiff had persuaded her and compelled her to execute the settlement deed in favour of the Plaintiff and the Defendants 1 to 3, by giving false assurance to take care of her. The Plaintiff's actions were adverse to the interest of the Defendants 1 to 3. The revenue records and assessment still stands in the name of the 4th Defendant. The settlement deed, dated 13.06.2002 is a sham and nominal document. The alleged sale deed, dated 19.09.2013 will not bind the 4th Defendant. It is totally false to state that the Plaintiff and the Defendant s 1 to 3 had paid the amount to this Defendant.The Plaintiff approached the Defendants 1 to 4 and requested for money to settle the loan amount to the creditors and then sell the suit property, ad-measuring 0.37 cents out of 2.37 acres to one Krishnan by a registered sale deed. The Plaintiff alone took the entire sale consideration of Rs.13 lakhs for her personal needs. She had executed the cancellation deed dated 01.11.2013 with the consen