IMPORTANT POINT
Once a gift in accordance with law has been made, Donor is divested of all rights in property.

Rajiv Sahai Endlaw, J.—The deceased plaintiff instituted the present suit (a) for declaration of the registered Gift Deed dated 10th June, 1997 executed by him of the ground floor of his house No.A-2/163, Safdarjung Enclave, New Delhi in favour of his daughter-in-law defendant no.2 Smt. Om Wati Verma as null and void; (b) for permanent injunction restraining the defendants from claiming any right, title, interest in respect of any portion of his house No.A-2/163, Safdarjung Enclave, New Delhi; and, (c) for recovery of possession of the portion of the ground floor in possession of the two defendant, pleading:-

(i) that the plaintiff executed the Gift Deed aforesaid in favour of the defendant no.2 under the undue influence of the two defendants being his son and daughter-in-law;

(ii) that the Gift Deed was subject to the conditions (a) that the plaintiff shall be entitled, throughout his life, to live in the front drawing room on the ground floor; and, (b) that the said house shall be given to the defendants’ son Mr. Vikas Verma after his marriage;

(iii) that the defendants had emotionally blackmailed the deceased plaintiffs into executing the Gift Deed by representing that they did not have any immovable property and that their status in life will rise in society if they became owners of the ground floor and the same will also facilitate them in marrying their daughter after a few years;

(iv) that the defendants had also promised that they will look after the plaintiff very well, taking care of all his needs including food, shelter, clothing etc.;

(v) that after the execution of the Gift Deed, the defendants initially treated the plaintiff nicely as they were doing prior to the execution of the Gift Deed “but after few months” they started ignoring the plaintiff; the treatment meted out by the defendants to the plaintiff worsened “within a few months” and the defendants stopped giving food though the plaintiff continued to live in the front drawing room of the ground floor, compelling the plaintiff to go for food to the first floor of the adjoining house of his another son;

(vi) that in the last week of September, 2003 the defendants also prevented the entry of the plaintiff to the ground floor; a complaint was lodged by the plaintiff with the local Police Station, but no action was taken thereon; the plaintiff then filed Writ Petition (Crl.) No.1188/2003 in this Court, vide order dated 10th September, 2004 wherein the local Police Station was directed to register a criminal case against the defendants; FIR No.483/2004 of offences under Section 341 read with Section 34 of IPC was registered against the defendants;

(vii) that the Gift Deed is nullity in the eyes of law because in pith and substance the said Gift Deed was made in favour of Mr. Vikas Verma but the same has not been accepted by him and without which acceptance the Gift Deed is null and void;

(viii) that the defendants have never acted upon the Gift Deed as the house continues to be mutated in the name of the plaintiff who has been paying House Tax thereon; the electricity and water connections of the house also continue to be in the name of the plaintiff who has been paying bills thereof;

(ix) that the Gift Deed was conditional with the plaintiff having the absolute right to use the front room throughout his life and the defendants giving the said ground floor to their son Mr. Vikas Verma after his marriage and is liable to be set aside on this ground also;

(x) that the defendants had committed breach of the conditions on which the Gift Deed was made and the Gift Deed is liable to be set aside on this ground also; and,

(xi) that the plaintiff had revoked the Gift Deed vide notice dated 1st June, 2007, accordingly, the suit for the reliefs aforesaid was filed.

2. The defendants contested the suit by filing a written statement, on the grounds:-

(a) that the suit was barred by time;

(b) no particulars of any fraud or undue influence ha