Gift deed cancellation

Pawan (Querist) 08 June 2012 This query is : Resolved
Hi All,

A land of One acre was gifted to my mom by my dads uncle ( Dad's mom's brother )in 1989.
In 1990 he cancelled the deed without our notice and tried to implement in MRO office. They said they will coltivate the land and after 2 years ie in 1993 they said that its their land. My dad went to court filed a case and got perfectual injection order in 1993. Since then we are in posession of the land. In 2004 we saw in EC that the opposition party's name so to get that cleared from the EC my dad again filed a case in the court which is at evidence stage. No the lawyer says that there should be someone from the village that should tell its our land in evidence. As we stay in hyderabad and the land is in the opposition party's village they are threatening the villagers. People who actually worked in our feild also are now scared to come and give evidence. We met the lawyer today and he says if there is no evidence from our end the case and land might go in the oppositions favour is that right. The person who gifted the land to my mom is dead now. Please advice

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ajay sethi (Expert) 08 June 2012
was gift deed duly stamped and registered executed by your mother uncle?

if your mother is in posession of land since 1989 cancellation of gift by uncle is not valid .

yyou have to prove that you were in posession of land . you r mother can depose to that effect .

you request cultivators to give evidence and request for police protection on account of threats by defendants .