Property Type:
Property Registered as: GIFT DEED (Unconditional Gift Deed) Dated
Property Donor: Uncle to Donee
Property Donee: Daughter- in- Law to Donor
Donor was Absolute Ownership of Agriculture Land,
Donor got it as his rightful share in division of his father properties
Donee father has managing her lands since gifted to her on
Donee has obtained land records passbooks from Revenue authorities
Availed Agriculture Crop Lone form SBI since 2007 feb
Donor executed revocation deed on11-09-2010 by revoking earlier registered gift deed
Dt.
Same day on
In revocation deed, reason Donor stated that, I (donor) executed gift deed to my brother daughter (Donne) on
I (donor) am worried about my future, that’s Y canceling gift deed dt
Donne file a Suite under order 7 with section 26 of c.p.c on
To declare right and title of Donne over suite and injunction orders
Counter filed by Donor
Submits that donor never gifted the petition schedule property to the Donne
Position is with him only,
When the donor was in fully drunken condition Donne and her men played fraud upon donor and obtained the gift deed on
Doner wanted to sell his property in 2010 oct, Donne raised objection then Donor come to know the details and awaken, So Donor executed these actions
Claiming that land records and loans are taken without his knowledge
Interim injunction ordered in favor of Donne
My question is
a) How is the position of Donne in Suite
b) Donor has made allegations in revocation deed and in counter failed are no ware related or different, will they be considered
c) How to move forward the Suite for Justice
Sir Please help to get justice
There cannot be an unilateral revocation of the gift deed.
In your case the gift is not conditional. Hence the revocation deed is not valid.
You need not even go to a court of law. It is for the donor to get the deed declared as invalid in a court of law. You are safe.No worry at all
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Sir
Donor has failed counter
Donor Stating that he has not executed the gift deed, when he was in fully drunken condition, and not aware about the Gift deed, fraudly executed dated
And in revocation deed (dated
Donor stating that, he has executed gift deed but becouse Donee is not lookaftering well, abusing and disobeying Donor, he is worried about future, that’s Y canceling gift deed dt
Will this statements by Donor considered favor to Donor
Sir, is there any time period for Donor to revoke or cancle a Unconditional Gift Deed
as per t.p.act gift deed is must be registered at concern sub regisrer office than it is valid
if not registered than not valid, when donor came to know cheat with me than in this day to 20 years donor can file suit,but burdan of proff to donor prove this deed is in valid
Under Section 126 of t.p.act. Susupension and recovocation of aGift:
On the happeinng of any speicified event, which does not depend on the Will of the doner, the donee may agree to suspend or revockes a gift. A gift may be revoked in any canse, in which if it were a contract, it might be rescinded.
REVOCATION OF GIFT;
1. The parties may agree among themselves that athe gift shall be suspended or revoked on the happening of any spcefied event.
2. Reasonable grounds alike coercion, influence, fraud, misrepresentation or mutual mistatkes are are valid for revocation of a gift. Th burden of proof is goes to the doner. so you dont worry. if he proves it , i am so sorroy.