Hindu Law – Gift – Joint Family Property – ‘pious purpose' – A deed of gift in regard to the ancestral property executed ‘out of love and affection' does not come within the scope of the term ‘pious purpose' – A Hindu father or any other managing member of a HUF has power to make a gift of ancestral property only for a ‘pious purpose' and what is understood by the term ‘pious purpose' is a gift for charitable and/or religious purpose – A deed of gift in regard to the ancestral property executed ‘out of love and affection' does not come within the scope of the term ‘pious purpose' – settlement deed is, in fact, a gift deed which was executed by the first defendant in favour of the second defendant ‘out of love and affection' and by virtue of which the second defendant was given a portion of the joint family property – It is irrelevant if such gift or settlement was made by a donor, i.e. the first defendant, in favour of a donee who was raised by the donor without any relationship, i.e. the second defendant – The gift deed in the instant case is not for any charitable or religious purpose – Settlement deed/gift deed executed by the first defendant in favour of the second defendant was rightly declared as null and void – Transfer of Property Act, 1882 – Section 122.
(2022-2)206 PLR 694 (SC) , 2022 SCeJ 0582 , 2022 PLRonline 0566
