Nakul Moudgil (MD) 04 March 2013

Registered gift deed to servant

Warm Regards to every one!

Hi please help me with your precious advise as what options are available to me in the following case:

My Grandfather who was a doctor by profession, executed a REGISTERED GIFT DEED of his clinic in favoure of our Compounder on 08-04-2005 on the condition mentioned in the DEED that,

1:It is to be clarified that the DONEE will have no concern whatsoever of any kind with the shop in question till i am alive and thereafter the above DONEE will be holding all such rights of ownership and possesion.

2: That if during my lifetime i found or feel any wrong or male-fide intentions of the above DONEE, i have every right to revoke present GIFT DEED in all aspects.

But after few months he found his intentions fraudlent - and filed a suit against the DONNE for SUIT FOR DECELARATION on 12-08-2005

As he was old 89yrs that time, he went to UK for his treatment just after filing the case and could not return back for proceedings and the case was dissmised on some grounds.

My question is : Can i (his grandson) has some legal remedy to follow up this case and get his DEED revoked. Its 2013 now can i re-appeal on the basis of legal hiers.

I will really appreciate all your help and support.

Warm Regards

Nakul

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4 Replies

Adv k . mahesh (advocate) 04 March 2013

now who is looking the clinic

Nakul Moudgil (MD) 04 March 2013

Dear sir,

We are in posession of the clinic.

Advocate Kishor Hajare (Advocate) 04 March 2013

Sir,

Make an application for restoration to the court for the suit filled by grandfather, Wherein you need to state the true facts and circumstances of the suit and thereby try to convince the court for such restoration.

Also state to the court, grave injustice will be caused to you and mis-carriage of law will prevail if your contentions remains unheard.

Even then you failed to convience the court then file another suit praying therein decalring the said gift as null and void.

But the facts and circumstances should be based on the allegations made by the grandfather in his original suit.

regards

Kishor hajare