“Fraud vitiates any solemn act , remarked apex court and upheld the decision of trial court which declared registered gift void on reason of being by fraud “
One Yadunandan mistri issueless gifted his 3 acres land in the name of his nephew’s wife in expectation that he will be taken care of by them in his old age . Bit immediately after registration he he cancelled the deed and filed suit requesting court to give order to declare this gift deed viod on grounds of fraud and undue influence .
The trial court decided that defendant took benefit of donor’s blind trust and close relationship and played undue influence over him . Also found that no evidence of acceptance adduced by defendant and no transfer of possession to defendant took place .
The High court allowed the appeal by defendant and observed that property once gifted with complete elements it can’t be revoked . Also finds that express acceptance is not necessary for completing the transaction of gift .
The Supreme bench of Justice Uday Lalit and S. Ravindra Bhat concluded that gift deed was brought about by fraud and undue influence .
“Fraud vitiates every solemn act , finding by trial court is inviolable “, Court allowed the appeal restoring trial court judgement .
Given reference of case :- Behari Kunj v. State of U.P (2008)
- Fraud involves 2 elements , deceit and injury to the person deceived .
- Injury is non economic harm of body , mind and reputation .
- Fraud and justice never sails together .
- To wilfully or recklessly believe in other’s misrepresentation which he knows to be false .
- A pre intended action to deprive other from his lawful rights .