Suit against Gift deed cancellation
kumar
(Querist) 24 April 2011
This query is : Resolved
Dear Experts,
My grandmom gifted her self earned property to my mom[ Her daughter]which was registered on 02.02.2009. and it is unconditional gift deed.after that we take possession and we changed the name in house tax also. but after that there was mis understanding between mom and grandmom. In 17-06-2010 she cancelled the gift deed but she didt mention any reason. later on she executed the another gift deed on 5-01-2011 by mentioning some reason like we not taking care of her like that. now she threatening us that she will give complaint to police that we are not taking care of her and asking us to vacate the house.
1. I can challenge the cancellation deed.?
kumar
(Querist) 24 April 2011
please guide me....
M/s. Y-not legal services
(Expert) 24 April 2011
Surely you can challenge the cancellation of that gift deed which is registered on 2.2.09. Right now your grandma having no rights on subject property.. Once a gift given and possession handed over mean never its can be revoke.. You have good merits.. Just don't worry..
R.Ramachandran
(Expert) 24 April 2011
Your grand mother can file a case seeking cancellation of the GIFT Deed by adducing proper reasons and grounds.
The Court will come to her rescue. It will be worthwhile to remember the recent case of Prof. Lotika Sarkar where she had given her property in GIFT to one IPS officer's family. Later on she got the property back, by challenging the GIFT Deed saying that it was obtained by fraud, coercion etc.
M/s. Y-not legal services
(Expert) 25 April 2011
But in this case the grandma can't challenge her gift's cancellation.. We can file any suit for anything.. But can we success that?
R.Ramachandran
(Expert) 25 April 2011
Dear Mr. Tom,
It is possible for Grandmother.
kumar
(Querist) 25 April 2011
Thanks for your reply, but we didt make any fraud,etc.my grandmom is screwed up by some relations tats why she behaving like this. witness who was signed during gift deed execution , will say the truth in favor for us. It will help us in court?
kumar
(Querist) 25 April 2011
Thanks for your reply, but we didt make any fraud,etc.my grandmom is screwed up by some relations tats why she behaving like this. witness who was signed during gift deed execution , will say the truth in favor for us. It will help us in court?.
Kindly guide me, because She is bringing brokers to sell the house and she is forcing us to vacate th house.
Guest
(Expert) 30 April 2011
Agree with Mr. Ramachandran.
Guest
(Expert) 30 April 2011
Dear Mr. Kumar,
It is not the question of whether your family members have made any fraud or not, but the question is about the personal property of a person, which she wants to regain back.
Better try to harmonise relations with your grand mom, rather than resorting to any legal action.
Govind
(Expert) 30 April 2011
Agreed with last comment of Sh. PS Dhingra.
