M.V.S.N.Gupta (HHP) 28 June 2014

Gift deed cancellation

I am to inform that my paternal grand father executed a registered deed in favour of his two sons with a condition that they have rights of full enjoyment with life time and his grand sons have the full rights for enjoyment & sale etc. It is also mentioned in the deed that the elder son share is west part of the property and younger ones is east part of the property.

Later my father's elder brother irregularly created unregistered deed as was written by my grand father with full rights of enjoyment and sales in favour of his two sons while changing the partition of the property ( i.e. East part to the elder son and West part to Younger one) With these false rights, my father's brother executed a registered gift deed in favour of his daughter for the east side of the property.

While the situation is so, my father's brother is planning to sale the west part of the property which came to his share as per the registered deed of my grand father putting a side the fake deed he created to register the east part of the property in favour of his daughter.

Please help to come out of the problem and get my share of east part of the property.

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3 Replies

T. Kalaiselvan, Advocate (Advocate) 28 June 2014

Since both your father and his brother do not have rights to dispose/transfer the property, neither can dispose the property by gift deed nor can seek partition. If your paternal uncle is indulging in such activity, your father and his son may file an injunction suit restraining him from alienating the property or encumbering it in any manner and also to cancel the alleged gift deed, consult a lawyer and proceed as per his advise.

Laxmi Kant Joshi (Advocate ) 28 June 2014

According to your grandfathers deed your father and uncle has only enjoyment right in it they cannot sell it nor make any gift deed , hence your uncle had gifted your share to her girl , challenge the gift deed in the court to cancel it as your uncle has no right in your share , talk to your uncle and take possession of your share otherwise he will do wrong and you have to run in the court , file an injunction suit in the court to restrain your uncle to sell or to do any illegal transfer of land by making gift deed or sale deed .

Srinivasa Rao Yaramati (advocate) 29 June 2014

your paternal grandfather created a life interest to your father and your paternal uncle so they do not have any right to alianate or encumberance over the property. wested reminder rights are given to grand sons so you can chalange in the court of law about your paternal uncles activity.