Dilip Bhyrav 27 May 2018

Registeted Gift deed Revoke

Hi
My grandfather have a son and a daughter. My grandfather now gave his own earned house property as a gift deed to me and my brother. And it is registered and khata transferred. But after couple of months grandfather has misled by his daughter and he is asking the property back and we are not ready to give it back. so they are trying find a way to cancel the registered gift deed or to take back the property. So my question is that is there any way or possibilities for them to revoke or cancel the gift deed.
Note: All the property related documents are with us and they don't have any documents.

Since they are influencing by third persons(Daughter and her sons) now they are making the statements as the documents has been signed by Scaring them/Making them afraid kind of things.
Though everything was done by donors will and donors interest only. Now they are lying. How this will affect us now? What are the ways for us? What are we suppose to do?

Thanks

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2 Replies

Vijay Raj Mahajan (Advocate) 27 May 2018

Registered Gift Deed of Immovable property done in the office of sub-registrar is good proof of valid property transfer and challenges made with regard to being done under undue influence or force or fraud has to be proved by the person alleging it as onus to prove it is on such person in the court of law. You shouldn't panic of what the daughter or her sons say just keep all documents relating to the property safely with you and let them move the court if they want to challenge the Gift Deed. Just precautionary measure you can file a caveat in the Civil Court for preventing the other party getting any ex-parte order against you for injunction with regard to transfer of the property in question.

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Dilip Bhyrav 28 May 2018

Thank you so much sir!!!