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Shiv Shanker Tiwari (Individual)     28 April 2014

Cancellation of gift deed

Sir,

    My Father Has Purchased One Property Admeasuring 500 Sq Yards In My Mothers Name in 1984.My Father Expired in 1996 Leaving Behind 6 Legal Heirs including My Mother.

In 2008 my elder brother taken gift of that property on his name through my mother by registered gift settlement deed.my mother is not educated.she is 7th pass.

we came to know about this today.can we cancel the gift deed.pl inform.



Learning

 5 Replies

Mahesh R. Sonawane (Lawyer/Fight for justice)     28 April 2014

Who is in possession of the property?

Today whose name is in the property extract?

You have to challenge the Gift deed in civil court.... from the date of knowledge you are in limitation..

Shiv Shanker Tiwari (Individual)     29 April 2014

Originally posted by : Mahesh R. Sonawane

Who is in possession of the property?

Today whose name is in the property extract?

You have to challenge the Gift deed in civil court.... from the date of knowledge you are in limitation..

The Property is a vacant plot as of today.it is in the name of my brother.

adv.raghavan (Advocate,9444674980)     29 April 2014

I think you have little chance to contest the same, as the property was in your mothers name and legally she had transferred the property favg your brother. If you wish to contest the same your mother can file a suit for cancellation of the same, claiming that it was done under coercion. I doubt about the outcome favg you.

Pritam Gupta (Teacher)     01 May 2014

How can mother contest since the 3 year Statute of limitations has already crossed?

adv.raghavan (Advocate,9444674980)     01 May 2014

I do not think it is applicable to donor.


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