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Errors in gift deed written in 1955

(Querist) 21 October 2022 This query is : Resolved 
SIR, FOR SOME REASON THE GIFT DEED DOCUMENT WRITTEN CONTAINS MANY ERRORS,MISTAKES, MISSING MEASUREMENTS OF PROPERTY, TOTAL AREA EXTENT. ETC.
PROPERTY IS IN POSSESSION SINCE 1950 TILL PRESENT.
IT'S CONFUSING TO EXPLAIN IN WRITING, BUT EASIER TO EXPLAIN.
WOULD GREATLY APPRECIATE YOUR INPUT & GUIDANCE.
THANKS🙏🙇 NARENDRA
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Quick Summary
A user is seeking advice regarding a gift deed executed in 1955 that contains significant errors, including missing property measurements and incorrect area extent. The user explains that their father, who received the gift, was mentally unwell and that his aunt took advantage of the situation, altering details to her benefit. The user only recently became aware of these issues and is looking for ways to rectify the deed, as neither the donor nor the original donee are alive.

kavksatyanarayana (Expert) 22 October 2022
Do the seller or his legal heirs now execute a rectification deed? Are the seller or his legal heirs available at present? Why kept silent for 70 years? The query seems to be a false story. Or are you examining the experts?
Dr J C Vashista (Expert) 23 October 2022
Show the gift deed to a local prudent lawyer for analyses and professional advise, if it is a true, which is prima facie a fabricated and concocted story.
narendra khona (Querist) 23 October 2022
NO, SIR THIS IS NOT FABRICATED STORY, MY FATHER WAS NOT KEEPING WELL MENTALLY, & BECAUSE OF THIS ADVANTAGE WAS TAKEN. I WAS 8 YEAR'S OLD WHEN MY GRANDFATHER EXPIRED IN 1960. FATHERS YOUNGER BROTHERS WIFE TOOK THE ADVANTAGE OF THIS & CHANGED EVERYTHING TO BENEFIT HER THE MOST. MY MOTHER WAS HELPLESS, & WE WERE GETTING A FIXED AMOUNT FROM OFFICE JUST ENOUGH TO SURVIVE.
narendra khona (Querist) 23 October 2022
NO, SIR THIS IS NOT FABRICATED STORY, MY FATHER WAS NOT KEEPING WELL MENTALLY, & BECAUSE OF THIS ADVANTAGE WAS TAKEN. I WAS 8 YEAR'S OLD WHEN MY GRANDFATHER EXPIRED IN 1960. FATHERS YOUNGER BROTHERS WIFE TOOK THE ADVANTAGE OF THIS & CHANGED EVERYTHING TO BENEFIT HER THE MOST. MY MOTHER WAS HELPLESS, & WE WERE GETTING A FIXED AMOUNT FROM OFFICE JUST ENOUGH TO SURVIVE.
narendra khona (Querist) 23 October 2022
NO, SIR THIS IS NOT FABRICATED STORY, MY FATHER WAS NOT KEEPING WELL MENTALLY, & BECAUSE OF THIS ADVANTAGE WAS TAKEN. I WAS 8 YEAR'S OLD WHEN MY GRANDFATHER EXPIRED IN 1960. FATHERS YOUNGER BROTHERS WIFE TOOK THE ADVANTAGE OF THIS & CHANGED EVERYTHING TO BENEFIT HER THE MOST. MY MOTHER WAS HELPLESS, & WE WERE GETTING A FIXED AMOUNT FROM OFFICE JUST ENOUGH TO SURVIVE.
kavksatyanarayana (Expert) 23 October 2022
Your query requires clarity. Who executed the Gift deed and in whose favor? How can you say that there are errors, mistakes missing measurements? Is the executant alive? If the executant is alive, he/she may get permission from a civil court to revoke or cancel the gift deed.
narendra khona (Querist) 23 October 2022
Sir,
My grandfather gifted a portion of his property to my father in 1955, there are many errors in the gift deed like wrong area, measurements missing. Generally a property has 4 sides but our property has 6 sides, & the measurements mentioned in the property does not make a property boundaries.. It's difficult to explain in writing, but explaining it verbally is better. My father suffered Elevation & Depression, & would not listen to anyone, he was his own boss. After the demise of my grandfather, my younger uncle's wife made changes to benefit her the most. Money was a problem, & we kids couldn't do anything. All the problems were learnt & understood by me recently in 2019.
Any way to contact you.
Thanks, narendra
T. Kalaiselvan, Advocate (Expert) 24 October 2022
Your father accepted the gift deed and had been in possession and enjoyment of the gifted property as it is.
If he had not raised any issue on this at that stage or in the subsequent days, then it cannot be disputed by his legal heirs at this stage.
Neither the donor is alive nor the donee, hence the subsequent successors cannot raise this issue without any base.
How can you say that the extent mentioned in the gift deed is wrong.
The donor gifted only that extent, the donee or his successors cannot claim extra extent of property on any fictitious or imaginary grounds
If the boundaries are erroneous, you may bring the government surveyor and get the property boundaries re-fixed as per law and then file a suit for declaration of the correct boundaries as per records.
R.K Nanda (Expert) 26 October 2022
where were you for so many years. better consult local lawyer.

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