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vk   14 May 2019

Revocation of registered gift deed

MY MOTHER BROUGHT A FLAT IN 1978 AT MUMBAI WITH HER SELF EARNED MONEY AND LOAN TAKEN , THE LOAN AMOUNT WAS REPAID BY HER. THE SOCIETY WAS REGISTERED RECENTLY IN 2009 SINCE THERE WAS A DISPUTE BETWEEN THE LANDOWNERS AND BUILDER. THE FLAT WAS ON MY MOTHER NAME SINCE 1978 AND ALL TAX AND ELECTRIC, GAS BILLS WAS ON MY MOTHER NAME. I HAVE BEEN FINANCIALLY SUPPORTING MY MOTHER SINCE 1995 WHEN I LEFT FOR THE GULF. EVERY MONTH MONEY WAS TRANSFERRED TO HER ACCOUNT IN THE BANK TILL JAN 2019 WHEN MY MOTHER PASSED AWAY. I HAVE ALSO ONE ELDER BROTHER AND SISTER AND ONE YOUNGER SISTER. MY ELDER BROTHER HAS NEVER EVER SUPPORTED MY MOTHER IN ANY WAY. THERE WAS A HOUSE IN MY FATHER NAME WHICH WAS GIVEN BY THE LANDLORD SINCE WE HAVE BEEN STAYING THERE SINCE 1961. THE LANDLORD OFFERED MY FATHER THE HOUSE ON A PRICE OF RS 15000 IN 1985. WHICH MY FATHER PAID AND TOOK IT ON HIS NAME. MY ELDER SISTER WAS GIVEN HALF OF THE HOUSE IN THE NAME OF OUR FATHER  AND THE SECOND HALF WAS GIVEN TO MY ELDER BROTHER  IN 1990 AND 2002 RESPECTIVELY. MY YOUNGER SISTER MARRIED A OUTCASTE IN 1997 AND WAS GIVEN RS 2 LACS AND SOME GOLD , MY MOTHER WAS STAYING ALONE IN THE FLAT SINCE 1996 WHEN MY FATHER PASSED AWAY. 

MY MOTHER IN 2015 GIFTED ME THE FLAT THRU A REGISTERED GIFT DEED WHICH WAS DULY STAMPED. 

NOW MY BROTHER ANS SISTERS HAVE FILED A SUIT IN THE BHC STATING THAT THE FLAT VALUE IS HIGHER AS SUCH I NEED TO PAY THEM COLLECTIVELY 1.08 CR AS COMPENSATION AND HAS ASKED FOR THE REVOCATION OF THE GIFT DEED STATING THAT IT WAS MADE THRU COERCISION AND FORCE.

I HAVE ALREADY TRANSFERRED THE FLAT ON MY NAME  BESIDES THE ELECTRIC, TEL AND GAS BILL AND THE SOCIETY TAX BILLS ARE ALSO ON MY NAME.

THE SUIT FILED IN SEPT 2018 AND MOTION ARE ALREADY DIPOSED. THERE IS CURRENTLY ONE CHAMBER SUMMONS AND MOTIONS FILED IN 2019 IN PRE ADMISSION STAGE . 

PLEASE ADVICE WHAT CAN BE THE OUTCOME , SINCE I HAVE NOT YET RECEIVED ANY SUMMONS BY POST OR COURT TILL DATE.

THANKING YOU.



Learning

 1 Replies

Shashi Dhara   14 May 2019

When u recieves summons u engage advocate anddeny the allegations made against u.the person who made gift have right to revoke it not others. So don't worry. If it was will then there was chance to challenge genuiness of will but it is gift.

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