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Bibhas Chandra Patra (Private Job)     28 December 2012

Can a registered gift deed signed by minor be cancelled or n

My two elder brother was signed registered gift deed (in 1985) in my name, partly from their share to me. I am in possession of that and ejoying the same.

1st brother was major at that time but 2nd brother was minon (16years) at that time as per his matriculation certificate which he is showing today. They want to cancell the gift deed and want to kick me out of the house today (in 2012). They filed a title suit also in the court for cancellation of the registered gift deed on the base of minor.

Is it possible that my registered gift deed may be cancelled?

What should I do to save ?



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 5 Replies

Advocate Vishnu (Advocate)     28 December 2012

The share gifted by the brother who was minor at that point of time may be set aside , however the share of the other brother who was a major will be valide. Since you are in possession for all these years, it will be very difficult for them to evict you , as even you have rights on the said property

Bibhas Chandra Patra (Private Job)     29 December 2012

Thank u sir for ur reply.

 

My anothre question is that :-

 

1. Time barred limitation is applicable in this matter or not ? (duration 28 year)

 

2. Can a minor sign the registered gift deed ?   Since both the brother was signed the registered gift deed, then how the registrar given permission to minor one to sign the registered deed?? Now after 28 years is he authorise to show his matriculation certificate as a proof of minor. will it valid ?

 

Please reply sir.

 

 

Thanks & Regards

Bibhas

Advocate Vishnu (Advocate)     29 December 2012

Since you have been having undisturbed possession for 12 years, you can plead this fact before the court and get the suit dismissed on merits . You will definitely succeed.

Anish Thakur 7018812737 (advocate)     29 December 2012

dear quesrist,

i n your above query gift can not be taken back as it was executed in year 1985 ,no matter ypour one brother was minor that time but he had aatained majority in year 1988 and they are cahllenging gift deed in year 2012,its time barred and second thing is that in your one brother case it can not ba taken back.fel free to call.

https://www.lawyersclubindia.com/news/A-gift-can-t-be-taken-back-SC-13653.asp#.UMG61mdP9ho

Bibhas Chandra Patra (Private Job)     29 December 2012

Thank you experts, Thanks a lot..


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