How to take back the donation plot land


My father bought a property in 1990 and after a few years, he donated or gifted Half of Land/ plot of property to his Elder brother. In 1993 my father build a house on whole property and then to till now the whole property was used by my father's Elder brother.

Now the Elder brother has some own house which is also donated by my grandmother(My father's mother) in another plot.
And  Now they are hassle & quarrel when we reach my father's house to stay.
 
My question is if there is any law to take back the donated land or house???
 Because now we don't have enough room to stay but he(elder brother) has, coz my father's house-also his own house which is also donated by my grandmother(My father's mother).
 (They have Stamp paper & Registration also the record of that land)

Please help we are homeless...

 
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CEO

If the gift deeds are properly stamped, executed and registered, these cannot be reversed. You can only request your uncle to allow you to reside in the house.

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you dnt have much to do legally in this matter

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Advocate

What is the reason that your father had gifted the land? Was it through a registered deed?


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The land donated by Ur father is self acquired of Ur father or ancestral.if ancestral he has no right to donate except his share.do one thing issue legal notice to partition and file partition suit in civil court and drag it asany years as possible that he may come to compromise.

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yes, sir, it was registered deed now.

But when my father gifted the 1/2 of the plot, in that time 1993 it was just written in a stamp paper, but now my uncle saw us it is properly registered and recorded duly by our ADSR (ARAMBAGH) or someone bllro officer.

But my father never ever going to the BLLRO office to registered that paper.

 
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The Reason of my father gifted that land is - In that time my uncle (my father elder brother) had nothing also we are out of place.  In that case, My uncle said my father should let him stay coz he has nothing. More Uncle said he would stay but he would have to write on a stamp paper That my father is writing to him in half of the land.

 
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Yes sir the land which I am talking about is my father's own. I.e my father's self-acquired, not any kind of ancestral.

 
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If your father is alive and ready to contest the issue, a case can be persued from the angle  of fraud....... if fraud is proved, donation or othwrwise registry of property (which is self acquired property)  would be invalidated. You need to discuss your case with an expert and experienced CIVIL Lawyer(specialist preferred).... but most importantly your father or his signature(if not alive) will play crucial role.. 

 
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