Registered gift deed can be cancelled
PRIYA BRATA MAJI
(Querist) 16 November 2014
This query is : Resolved
Hi. My grandmother was gifted some portion of property to me in the year 2008 and remaining portion of same property in 2013 with her opinion and she told me not to leak out this matter to my only uncle. But now recently my uncle got information about this matter and forced my grandmother to take legal action to me and filed a case in court against me by my grandmother. But now my grandmother is of above 90 years old and my uncle forced her to do that. So I request to please guide me that what to do and is my registered gift deed cancelled and is there any possibility.
Advocate Kappil Cchandna
(Expert) 16 November 2014
Dear,
Contest your case on merits and tell court that if ur grandmother would have any objection then should have filed the cancellation earlier,but why at this stage after so long time.
Kapil chandna adv, 9899011450
Devajyoti Barman
(Expert) 16 November 2014
You are silent on the anture of suit.
In any cae you can also file counter suit ford elcaration and injunction.
The gift deed once made is not easy to cancel or set aside even by the Donor.
Devajyoti Barman
(Expert) 16 November 2014
You are silent on the anture of suit.
In any cae you can also file counter suit ford elcaration and injunction.
The gift deed once made is not easy to cancel or set aside even by the Donor.
Guest
(Expert) 16 November 2014
You do not seem to have provide full facts, particularly what allegation allegation has been leveled against you in your grandmother's petition aggainst you. So how anyone can guide you in the absence of the contents of the petition?
You have stated that your uncle forced your grandmother to file a suit against you, while I apprehend that the suit might also have contained the allegation that you would have forced her to sign the gift deed or taken her sign deceptively, or forged.
Anyway, the case can take a turn in favour of the party who is able to prove who forced or cheated the old lady, whether to sign the gift deed or to sign the petition against you. Balance can tilt on either side by the evidence of your grand mother.
PRIYA BRATA MAJI
(Querist) 16 November 2014
Thank you sir for your advice. But as now I have no copy of petition in my hand as they filed it yesterday and it might take some time to get it. Whenever I get this petition copy I will provide you full facts. But my question is that the valid registered gift deed can be cancelled or not. please guide me.
Guest
(Expert) 17 November 2014
Yes, it can be, if found to have been void, got made illegally, under pressure/coercian, or by deceipt.
ajay sethi
(Expert) 17 November 2014
gift deed can be set aside if done under coercion or fraud
Rajendra K Goyal
(Expert) 17 November 2014
It is difficult to cancel the registered gift deed in normal course till it is proved that the same was done under coercion or fraud.
PRIYA BRATA MAJI
(Querist) 17 November 2014
Respected sir, can u explain about unconditional gift deed and again I want to say that my grandmother was gifted this property not under any pressure/coercion, or by fraud condition, and it is registered in sub register office with a valid registration process with her opinion in well condition. But my only uncle forced her to sign petition against me and I feared about my grandmother as she is of very old lady (above 90 yrs). As my gift deed is valid then how it can be cancelled. Is there any possibility of cancellation and what action should be taken by me.
T. Kalaiselvan, Advocate
(Expert) 17 November 2014
An unconditional gift deed cannot be revoked under the normal circumstances, but if your uncle has filed a suit for cancellation of the gift deed on the grounds of pressure, coercion and fraud, it will become your duty to defend the case properly. Take the help of your lawyer for further guidance.
PRIYA BRATA MAJI
(Querist) 18 November 2014
Thank you sir. Sir my another question is that can a registered WILL of some property cancelled automatically after doing registered gift deed of same property. And registered gift deed is latest.
