Gift deed...

Suresh Babu Rai (Querist) 24 June 2014 This query is : Resolved
Sir,
My client X is a senior citizen aged about 73 years. He had two daughters. He was intended to give equal share to his two daughters after his demise. Elder daughter and younger agreed to provide maintenance to X six months each in every calendar year.
Elder daughter 'A' has taken the X to her place as agreed by her to provide maintenance to X. A has taken the X to Registration Office and got executed a Gift Settlement deed in her favour in the year 2010 itself. X, who is a poor illiterate having had faith and without knowing the contents of the Registered Gift Deed has signed on the Gift Deed. He was under impression that the process are for his old age pension. Even he did not disclose the same to anybody till 2001.
That when the X turned to 'B', younger daughter, he deposed that the 'A' has obtained some of his signatures showing the Registration Office. It has come to notice of B and X that, the A has got a Gift Deed in her favour for entire land of X without offering half share to the B.
A panchayat was held in this regard, but the A has refused to give half share to B. Now the X is with B and they have got executed a cancellation of Gift Deed executed in favour of A. A was not a party to Cancellation Deed.
Now basing on the cancellation deed can X file a injunction suit against the A to not interfere with his possession. The revenue records are mutated in favour of A and now X has applied for its rectification.
Suggest me sir.

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ajay sethi (Expert) 24 June 2014
X cannot unilaterally cancel gift deed without A consent .

what X should have done is to move court to set aside gift deed obtained by fraud . also for an injunction restraining A from creating third party rights in respect of property