Gift deed by mother of minor
manoj meena
(Querist) 18 October 2013
This query is : Resolved
mother and brother of A gifted the property to govt. school. there was equal share of the both the brothers in gifted property. A was 08 year old at the time of gift. A files a suit for cancellation of gift deed at the age of 28.
how can A get temporary injunction ?
citations plz.
M.Sheik Mohammed Ali
(Expert) 18 October 2013
that gift deed registered or not ?
once give gift the property has transfered you wont revoke
manoj meena
(Querist) 19 October 2013
gift deed was registered and brother was major and father died at the time of gift.
prabhakar singh
(Expert) 19 October 2013
A WAS MINOR OF 08 YEARS THEN HIS SHARE COULD BE GIFTED ONLY AFTER PERMISSION OF DISTRICT JUDGE.
MINOR ATTAINED MAJORITY 10 YEARS AFTER AND THE SUIT LIMITATION EXPIRED MINOR ATTAINED 21 BUT SUIT FILED WHEN MINOR ATTAINED 28.
HOW LIMITATION IS PLEADED NOT TO HAVE EXPIRED IS A FACT TO BE DISCLOSED BY AUTHOR BEFORE HE SEEKS ADVICES HOW TO GET INTERIM INJUNCTION?
Ms.Nirmala P.Rao
(Expert) 19 October 2013
At this belated stage you can't file a suit for cancellation of the gifted property if the Gift Deed was duly executed as per law.Both donor's valid donation and valid acceptance of the gift by the donee, and
Deed of gift attested by at least two witnesses etc as per law was done, you can't file a suit now for setting aside or cancellation of the validly executed gift deed. Please press the Thank you button on my profile if you wish to thank me for this reply.
prabhakar singh
(Expert) 19 October 2013
Dear Ms.Nirmala P. Rao!
Have some patience and try to learn how to grasp facts and law involved in a query and what knowledge query demands to be expressed as we do not need to express all we know in respect of every query.
This is elderly advice and a kind of blessing and i hope you would take up it sportingly otherwise we all are on the same footing of experts.
i also request you to desist asking people
to press thank button of your profile when you have undertaken a thankless job.
manoj meena
(Querist) 19 October 2013
plaintiff says that he knows about the gift deed when defendant school constructs boundary wall on dec'2011 and he has possession on disputed land
prabhakar singh
(Expert) 19 October 2013
Was any mutation in records of right was carried over by the government donee after obtaining gift from donor brother and mother?
If yes,then in which year?
Devajyoti Barman
(Expert) 19 October 2013
there are many details we need to know for giving proper reply to your query.
Better bring all the case papers and take another advice from another local advocate.
Thank you Singhji for highlighting the repeated asking of an expert here to do a particular thing.
prabhakar singh
(Expert) 19 October 2013
I have SOUGHT HER PARDON MR.BARMAN as i saw she preferred to type in bold requesting people to press her thank button in reply to a next query indicating me to understand who am i to poke my nose if she requests others to press her thank buttons.
ajay sethi
(Expert) 19 October 2013
it is immaterial whether querist thank us for our labour or not . we have to do our best in replying to queries raised by querists . we should not solicit appreciation from querits .
Devajyoti Barman
(Expert) 19 October 2013
Anyway since she is new here she should now understand that most of us do not solicit client or ask for their recognition here.
Ms.Nirmala P.Rao
(Expert) 19 October 2013
Because males have an edge over females in our patriarchal society and females are the MOST discriminated lot in our society although they are equally or sometimes more intelligent than their male counter parts. Thanks!There is nothing criminal in my asking for clients to thank me for my replies if they wish to: If they feel like they may pay also for my legal opinions. This does not absolutely amount to soliciting clients at all.
prabhakar singh
(Expert) 19 October 2013
The judgement cited was delivered by males
and was in favor of radhika gupta.So far all rights recognised to females have come by parliaments dominated by males.
You have come to your originality of attitude.You have a view different when issue involves a male ?
To us the very society is product of male and females and we live in a country and faith in a religion which call females Goddess first before calling males GOD
and where LORD RAMA worshiped MAA SHAKTI
for which we celebrate NAVRATRI
prabhakar singh
(Expert) 19 October 2013
I PRAYED you not to plead for thanks asking people to press your thanks button because it shows meanness at the level of a member at BAR of which you have become part and BAR is treated as family where there are very rich traditions which we first learn and are expected to preserve them even at the cost of our personal attitude and inconvenience.
Devajyoti Barman
(Expert) 19 October 2013
Yes, nobody is accusing you for any act let alone criminal.
We we were suggesting that which you must have been noticing that nobody of us solicit client in this site or ask for thank button here.
We are associated with this site for more than 3 years and none of us were ever required to be told this.
We simply follow what is practised here.
I believe everybody would agree that there is no trace of gender discrimination in this if we ask you to do follow the practice adopted here.
ajay sethi
(Expert) 19 October 2013
we have not doubted your intelligence nor have we suggested that you are commtiting any crime . we only suggested that you should not ask querist to ask you to thank you .
if any querits desires to express their appreciation they will do so on their own accord .
anyhow it is your call
Ms.Nirmala P.Rao
(Expert) 19 October 2013
I'm already experiencing some discrimination on this site. I couldn't upload my photo even after several attempts by clicking Edit photo etc. Secondly, so far, I got 19 Thanks as per their statistics, but they are not displaying the names of two persons who thanked me despite bringing it to their/Management's notice through emails and they are not responding to phone calls also. Also, some clients mayn't be aware of the Thank You button at all, For Thanks also we get some points, but they are not giving my dues in terms of points.Is this not gender discrimination? Also, during online chat messages with clients, I couldn't carry on the chats at all and have been experiencing wanton technical snags on this site. For all these reasons I'm expressly requesting the clients if they feel like thanking me, then press the Thank you button. That's all.
ajay sethi
(Expert) 19 October 2013
it happens with all of us . many times on this site querist express their thanks when we reply to their queries but it is not reflected on the site . we ignore it .
there is no gender discrimination involved .
we enjoy replying to queries .the principal objective in becoming members of LCI is to help in resolving legal queries . it is immaterial whether we get thanks or not .as far as online chats are concerned it is not necessary to be a PRO member . if any querist desires to contact you he will do so on your email id . i do agree that there are number of technical snags on this site . we point out the problems to administration and do hope that they rectify it .
anyhow our best wishes to you .
prabhakar singh
(Expert) 19 October 2013
So, for you server is also gender bised.
Your Thanks button was also pressed by me last night and that may be the name unknown to you.
I thought you to be like a daughter but it seems even that has hurt you.
Be kind not to make issues which do not exist.
If requesting querists to press your thank buttons is a personal pleasure of yours' then go with that i have already sought your pardon.
Many times traditions face revolt.If in future members at bar give break to rich traditions and degenerate to the level of begging fortunately i would not be there to be blamed but you would be.
Ms.Nirmala P.Rao
(Expert) 19 October 2013
Dear Daddy Prabhakar Singh Ji,
I'd try to heed your well meant advice. Please ensure that I'dnt suffer any discrimination here.Please talk to the management and resolve all my above cited problems. Thanks for your advice and having a fatherly affection towards me.
Devajyoti Barman
(Expert) 19 October 2013
Why on earth are you thinking of discrimination?
If all the thanks are taken into account then most of us by now would have collected thousand thanks.
All thanks are not reflected on our profile.
However calling Singhji as ' Dear Daddy' is interesting.
manoj meena
(Querist) 19 October 2013
thanks dear friends
I think our discussion diverted
dear friends I want your kind suggestions at the stage of TI application
it is well established that gift deed by minor is void abinitio
I want to know that the point of limitation should be discussed or not at the time of TI application ?
gift deed was registered and mutation transferred in the name of education deptt. in revenue record in 1992 and land was converted in residential land.
Devajyoti Barman
(Expert) 19 October 2013
It is a voidable sale, not void ab initio and limitation is three years from the date of attaining majority.
prabhakar singh
(Expert) 19 October 2013
Dear Manoj Meena !
From language used in latest post, it now transpires to me, that you are an advocate dealing the brief.
You would be right to call a any contract void if it was entered into directly with minor subject to several qualifications,the discussion whereof is not a necessity here.
But you have already told that gift deed on minor's behalf was entered into by his mother as guardian.
I presume no permission was sought from the district Judge as required by section 8 of the Hindu Minority and Guardianship Act, 1956.
Section 8 of the said Act deals with consequences and status of a contract entered into by natural guardian in contravention of the provisions of the
said Act and declares by it's section 8(3)
such transactions to be VOIDABLE while lacking permission of court and to avoid
such a transaction minor has right to file suit to declare transaction void with in three years from the date of attaining majority(see article 60 of limitation Act).
And it is here your suit failed as minor attaining majority was expected to enquire
facts done during his minority which was easily ascertainable due to mutation already taken place.
Then the SUIT is beaten on front of LIMITATION,a point which can be ever pressed.
A genius DGC would file an application to reject the plaint u/o 7 r.11 of C.P.C.at any stage of the suit before conclusion of evidence because even if cause is just and lawfull it can not be laid before court
after lapse of time allowed by law of limitation.
