Dear Experts,
Some time back, I have raised as issue with regard to revocation of gift deed and received experts' opinion on this matter. Thank you very much.
The case.
In 2003 there is a registered gift deed of a vacant land of 2 grounds (self earned) registered between the father (my father-in-law) and his elder daughter (my wife). Within two days of registration we went abroad advising my in-laws to receive the registered documents and maintain the same. However, they (in-laws) did not do this and whenever we ask, they told stores and promised they they will take care of our property documents. We are visiting India on vacations just for one month every year. We have n
Until 2007, they did not show us the original documents and inspite of our requests/demands they not only refused, they threatened us to give 'half of the property' back to them or else they will cancel the gift deed given by ithem Sensing this breach of trust and danger, my wife again made a 'Settlement Deed" in favour of our minor childres ( 4 Nos.three girls and one boy - one girl major now) and me (father) as a natural and legal guardian.
However, we have not transferred the names in the revenue records due to the breach of trust and refused to handover our documents in spite of our demands.
In 2008, my in-law without the consent of donee (my wife) and without any court's directive unilaterally cancelled the gift deed registered during 2003.
After cancellation of the gift deed in 2008, in end of 2013, my in-laws against without our knowledge or any court's directive, again made one more settlement in favour of my 2nd brother-in-law (in-laws 3rd son).
Since I wanted to develop this land, I have applied for an EC and came to light all these illegal transactions. Presently, the EC appears on my 2nd brother-in-laws name. Due to this I am unable to proceed to develop my property.
After we came to know these illegal activities, we swung into action (i) first we filed caveat, (2) Made O.S. and I.A. praying for temporary/permanent injunction. We have taken this legal action on February 2014.
We have not been granted till now any interim/permanent award. Also, the opp. parties did not file their written statement until now in spite of court's warnings. I have included SRO also as a party.
Meanwhile, In July 2014, the 1st respondent (Doner) is passed away.
Until now, 4 times, this case matter had been adjourned. The last and final date is given on 6-10-2014 to file opp. parties written statement.
Though I have appointed my legal counsel, I would like your expet's view, 2nd opinion and suggestion as to how this court's case is navigating. What are all the recommendations, I should make now on this point of time.
While this matter is in court now, I would like to (1) transfer the names of my minor's name, (2) want to start construction, (3) want to take criminal action on in-laws since they have committed breach of trust, etc. (they have destroyed the sign board (not to tress-pass the property sign). I have made a written complaint on this to the nearest Police Station, obtained DSR and filed in the Court.)
Expert's answer is solicited.
Sincerely
