2023 CLC 122
Essentials of a valid gift.
a) Proposal by the donor;
c) Delivery of possession to the donee.
It is mandatory for a beneficiary of an oral transaction to prove through positive evidence the day, the venue, the persons/witnesses in whose presence the alleged transaction was made, the time thereof, the month and year and even the consideration and in order to prove this at the outset all these details are to be mentioned in the pleadings.
Document of written gift deed does not show that the land in dispute at the outset was orally gifted to the petitioners by the deceased. The said omission creates serious doubt about the veracity of the claim of the petitioners. Since the original transaction of oral gift could not be proved by the petitioners, therefore, the whole superstructure/edifice built thereon through subsequent written deed would fall on the ground.
Initially an oral transaction of gift took place between the petitioners and the deceased which was subsequently reduced into a written deed, hence, it was mandatory for the petitioners to, at the outset, prove the oral transaction and in order to prove the said oral transaction (GIFT), it was mandatory for the petitioners/beneficiaries to have highlighted in their plaint the complete details of the oral transaction mentioned supra, which ex facie are lacking in the instant case as no such details have been mentioned in the plaint, thus, the petitioners have failed to prove the oral transaction.
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