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Sunil Purohit (service )     09 August 2013

Gift deed cancellation with fraud

Pls let me know what if wife of younger Bhatija ( Elder Brother’s son)received gift deed and duly registered and document witnessed by my

only son and  elder bhatija ( of same elder brother). My elder brotheris no more in world but my younger brother is alive and having 3 sons

and 1 daughter. I too have 3 daughters and 1 son who witnessed my gift deed executed to wife of younger Bhatija 3 years ago.

The problem arises when my younger brother got to know by ourself orally that i have executed gift deed to wife of younger Bhatija

having witness of my only son and elder bhatija ( of same elder brother). He became angry and told me about my mistake and disagreed

the act since we all have made without taking him  and my 3 sisters (1 dead)  into confidence. Actually the plot was in my name during allotment 30 years ago ( but

money for whole plot was given by my late father, hence it was ancestral as per family but legally the name was mine due to

allotement letter issued to me) and all electricity and water bills were coming in my name. My elder brother widowed wife called me for

ractifying electricity and water bills and by repeated calls I went to their home where she infront of his two son ( in absence of 2

daughters since they never trust them) told me that this plot she wanted to give to her younger son’s wife and my 2nd son has no

objection in it. I asked him the papers but younger son (of whome wife is supposed to be gift donnee)  did not showed me papers and told that

all papers to be signed are with advocate and went to registry office and executed gift deed to wife property.

 

Now we have other ancestral properties where my elder brother’s sons & all family name is appearing which is still not corrected from title

point of view. My younger brother is telling me why I have executed gift deed without my permission and now asking cancelling it since other ancestaral

properties are having elder brother’s family members name. I feel into trouble by being cheated and not properly informed about law. I did it

in good faith but I was unaware about law.The tension increased when I called to my nephew that please give me copy of registered gift deed , my son and I am calling since last 3

years and after 3 years he replied telephonically that I will not give you any copy. I felt my self cheated and in tension from all family ( my own family

and my younger family since our other ancestral property matter is unresolved). What should I do  to cancel this gift deed??

Please help……

 

Ramesh Kumar



Learning

 2 Replies

Advocate Vishnu (Advocate)     11 August 2013

your query is not very clear... however you cannot execute a gift deed over ancestral property or property that was bought from funds that are ancestral in nature. The only way out will be to execute a proper partitoin deed  which includes all the family members or you must go and file a suit for partition.

Sunil Purohit (service )     12 August 2013

Thank you adv. vishnu, please do let me know what clarification you needed? I will try my best to give you all facts.  The property patta was in my name since i have applied 30 years back during allotment from local body ( nagar palika). I am almost 80 years old, Now my Bhatija did conspiracy with me and get the plot registered in the name of his wife name.  As I and my family members & younger brother ( who is 70 years old) knows that this house was purchased by my late father's money, but i do not have any proof that it was purchased by my father money since at that time there was no bank transcation involved or neighter the name of my late father involved in any govt. documents regarding this purchase. 


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