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Sree (,)     04 November 2013

Contesting gift deed cancellation

Dear Experts

Mrs A  has done a Gift Deed in 1994 in favour of my B and C and B died and A Cancelled the Gift Deed in 1995 only.

And no documents are possession of the property is with B and A also expired and before her death she has transfered property to somebody named X by will.

Three years back she approached the X about the property and he has gone to court and got injection order on his possession of the property and my aunt also went to court but she dropped in the middle because of no financial support and it was decided ex parte to that person

Can B go to court now after 18 years contesting the gift deed cancellation.

What are the chances of her and how court will see this delay in contesting the cancellation.

Regards



Learning

 5 Replies

jack (boss)     04 November 2013

Court will consider the longer delay also as a doubt.. and also please clarify your statement as your statement is not clear as such.

BAALASUBRAMANNYAMM (Advocate)     04 November 2013

Your case is: Mrs. A, the owner of the property has executed a "Gift Deed"in favour of B and C in the year 1994 and since the death of "B" the said Gift Deed was cancelled in the year 1995. She executed a" will" in the name of "X" and thereafter "A" died.

So finally, the said will stands in the name of "X" and thus it became an enforceble  document. And any case filed by anybody against "X" will not be stands in any manner. "B" is have no right to fight against "X" any point of view, as the Gift Deed was already cancelled by the Original Executant of the said Document.

Sree (,)     04 November 2013

Dear Sir,

Actually the statement of injection is as below:-

C in 2009 went to X for claiming the property and X has approached the court for Injection order for peacfully posession and also obstained C to enter the property in that X has mentioned how he got the property and claimed that he is the only rightful owner and court gave permanat injection in favour of him.

Even though C filed a written statement stating the facts but due to fianacial reasons C dropped from the case without stating any reasons.

So if C chooses to go to court will these things work against C.

T. Kalaiselvan, Advocate (Advocate)     04 November 2013

The gift deed can be revoked by the executor only if the conditions stipulated therein have not been complied with or not fulfilled.  Though the the cancellation of the gift deed is found to be invalid in law now due to passage of more than 18 years of the same, it is barred by limitation for any challenge.  Subsequently if the property was transferred through a Will and it has not been challenged by the interested person till date, he loses his chance to do so now again barred by limitation.  Further, X has perfected the title by adverse possession.  Thus your aunty stands losing your case in case she intends to file one. 

T. Kalaiselvan, Advocate (Advocate)     04 November 2013

After having filed the written statement what made her to discontinue the follow up of the case.  As a defendant she has nothing to pay as a court fee except to pay the advocate fee.  In her case I believe she dropped the case on her own apprehending to lose the case even if contested.  What is the stage, is it an ex-parte decree against her, then she can file set aside petition along with condone delay petition to restore the case and contest the same, but I personally feel that she has no grounds to substantiate her claim in the property, because X has not only acquired the property through a Will but also has the benefit of adverse possession, so think about reopening the issue.


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