In the scenario where Person "A" lacks any documents or evidence to establish their ownership of a property, yet intends to gift it to family member "B," who is well-informed about all relevant details and is actively involved in the gift process as per the family's deed, and given that the property in question is non-existent and has an incorrect survey number, if "A" wishes to gift this immovable property to "B," the responsibility to ensure the property's existence and compliance with Section 122 of the Transfer of Property Act falls upon both parties, "A" and "B." It is incumbent on both "A" and "B" to verify the property's validity and adherence to legal requirements before proceeding with the gift transaction.
It is a settled legal principle that a person transferring a property cannot pass a better title to the person getting the property than what he has. Thus, a person not having a title to the property cannot pass on the title to another person even through a registered document.
A will be liable for misrepresentation or fraudulent intent, especially if they knowingly attempted to gift a property that does not exist or has an incorrect survey number. Their lack of proper title and awareness of the property's non-existence could be seen as an attempt to deceive.
Both individuals could potentially face legal consequences if any affected party, such as a third-party buyer or a government agency, challenges the legitimacy of the transaction or the property's existence.