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Nav Nav   19 February 2022

Seeking cancellation of gift deed after 12 years

My Brother gifted me a house in Indore in 2010 in our family settlement.  The Gift Deed was executed and registered with payment of requisite stamp duty.

 

There is no memorandum or deed or documents showing the family settlement among us, all division was made amicably among 4 brothers. Some took over the business and I took over house.

 

Now in 2022 after 12 years he has accused and filed a suit that he was not aware that he has executing the gift deed.

 

He is seeking cancellation and revocation of Gift Deed.

 

The house remained vacant since the gift deed was executed though I have the possession. As the house was vacant I have not got the mutation in my favour and also haven't got the electricity and water connection changed to my name. I haven't anticipated that he would indulge in such acts 

 

Does he has merit to file civil suit. What should I do now.

Does not getting mutation done in my favour and not getting the utility connection changed goes against me. Can I get it done now to safeguard my interest.



Learning

 1 Replies

Nav Nav   24 February 2022

Is the suit lost in limitation. Can I file a petition under Order VII Rule 11 of the Civil Procedure Code to reject his plaint and get his case dismissed


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