Civil Procedure Code (CPC)

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Bibhas Chandra Patra (Private Job)     27 November 2012

Gift deed cancellation

My father was purchased a land in the name of my Step mother in 1969 and constructed a building. My step mother gift the land and building to her three sons (all were minor), father was accept the gift deed as a natural guardian on behalf of three minor sons in 1975. In 1976 my step mother died and my father did second marraige and I was born in 1982. Two of my step brother gift me part property from their share as a gift deed in 1985 which was accepted by my mother as a natural guardian on behalf of mine. The total property has not partitioned till now.

Now in 2011 the two brothers who gifted me have filed a Title Suit in the District Court to cancell my registered gift deed. They are now blamming that father is very cunning person and signed some blank papers to execut the gift deed of mine in 1985. The third elder brother saying that he was minor at the time of execution of my gift deed and he has his matriculation certificate as a proof of minor. I want the following help from you.

1. Can my gift deed cancell ?

2. Is minor authorised to sign in registered gift deed ?

3. Can I file a partition suit?

4. Can I sale my property?



 



 2 Replies

Gopikrishna Kalyanam (Lawyer)     27 November 2012

Dear Sri. Patra,

Greetings. A Gift Deed cannot be cancelled. A minor cannot himself sign a Deed, only his natural guardian or legal guardian can. Then again, any property of a minor can be alienated only for the benefit of the minor and not otherwise. As regards the partition suit, what is the stage in the suit filed by your step brothers. I doubt if you will find a buyer under the circumstances. If there is an injuction, you cannot sell the property.

Best Wishes

1 Like

Bibhas Chandra Patra (Private Job)     27 November 2012

Dear Sir,

We have filed show cause and the court have given one chance for mediation to the both parties on 30.01.2013 (they strictly not agree for mediation). If it will not work then case will open for witness. Till now there is no injunction by court.

 

I request you to please suggest me such a hard step or any best way to save my property.

 

With Regards

Bibhas Patra


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