Criminal Trident Pack: IPC, CrPC and IEA by Sr. Adv. G.S Shukla and Adv. Raghav Arora
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poonam pandya   10 June 2022

land property

my grandpa has 1 inseparable plot and made 2 house on same plot uncle cheat and get power of attorney on behalf of grandpa he made gift deed for that house and pass 3 years of it now grandpa want it back is it possible to get it back? do we get any contractual solution for that? what can we draft in court for these cheating


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 5 Replies

Advocate Bhartesh goyal (advocate)     10 June 2022

Your grandpa has to file suit for cancellation of gift deed before civil court on ground of cheating and coircion against your uncle and donee.

SHIRISH PAWAR, 7738990900 (Advocate)     10 June 2022

Hello,

Yes, your grandfather has to approach court and suit for cancellation of the gift deed. 

P. Venu (Advocate)     10 June 2022

Yes, your grandfather can approach the court to get the deed cancelled.

Sravika Reddy Kohir   10 June 2022

Hello Poonam Pandya, I acknowledge your question. You can revoke the gift deed on the ground of rescission under section 126 of the Transfer of Property Act. Therefore, where the consent for such a deed was obtained by coercion, undue influence misrepresentation or fraud such deed becomes voidable by the discretion of the person from who it has been obtained.

But there is a limitation period for the same i.e., the action should take place for revocation or cancellation is 3 years from the date when the donor comes to the knowledge of such an Act.

Here, if the donor has not known all these past 3 years and he it has come to his knowledge even after 3 years then he can cancel the same deed within 3 years from the knowledge of the same.

I hope I have answered your query, if there is any other query do drop here.

Have a good day.

SIVARAMAPRASAD KAPPAGANTU (Retired Manager)     17 June 2022

Your Grandfather has a plot in which there are two houses. Your Uncle obtained a POA from your Grand Father, which you say was obtained by cheating your Grand Father based on which your Uncle Gifted the property. To whom did he gift the property? What is the language in the Power of Attorney? Is the copy of the POA is with you? Is it a Specific POA or a General Power of Attorney? Was the POA registered or unregistered? Whether the Gift Deed is registered or unregistered?

 

Covering all the above points, please collect the required details and approach a reliable local Lawyer and obtain a legal opinion.

 

Ultimately the crux of the issue is able to prove that the Power of Attorney was forged or obtained under devious methods.  Of course, this is provided the POA itself is valid or not about which an opinion can be given by a Lawyer on perusing the document.


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