Gift deed
Querist :
Anonymous
(Querist) 25 October 2011
This query is : Resolved
My father inlaw gifted a part of his comercial property to my husband and my brother in law in the year 2007(my eldest sister in law was the witness) my husband and brother in law run a franchise store. this store is our main source of livelihood Now he has had a change of mind and has somehow taken the witness also on his side and has challenged us in the court that we had fraudulently acquired the gift .the witness has also turned hostile.he is using his status of being a senior citizen and trying all tactics in the court to prove us wrong. he has managed to plant witnesses against us that we maltreat him .he says he wants to convert the whole property into a trust and distribute its earnigs to all his eight children.meaning taking our part and distributing it to the other children as well.and since nobody minds getting extra money all of the children are agrreing to it.The judge too seems to be influenced by the father in law because of his age.and has ordered the income to be deposited in the court till the time things are settled.what are our chances to get back our share of the property.since we were made to understand that a gift deed canot be revoked yet it has been challenged
Guest
(Expert) 25 October 2011
I agree with the gift cannot be revoked. But if any conditional has been imposed in the recital of the gift deed, then it will be ground for cancellation. Gift can be given only for the self acquired property. Ask you advocate to look into issues of limitation, ownership, status of donor, after the gift the changes in the gifted property and its development and so on. produce individual witnesses, customers, your relatives. Also get in touch with the scribe of the document. Though witness turned hostile, He can help you out.
Devajyoti Barman
(Expert) 25 October 2011
Gift can not be revoked but can be challenged by the donor that the same has been executed under coercion or duress making it a voidable deed just what your father in law has asked for in the court.
Now the thing is court hears only the proof and if your father in law could prove that the gift was indeed executed under force then the same would be declared void.
ajay sethi
(Expert) 25 October 2011
if your father in law is a senior citzen and he is able to show that you maltreat him/ torture him court can set aside the gft .
prabhakar singh
(Expert) 25 October 2011
True but only a lawfully made gift can not be revoked.
Law keeps it open for any party to any agreement to show that his/her consent to agreement was obtained by fraud,coercion duress,misrepresentation,undue influence or by use of abuse of relation ship.
You have not mentioned on what ground the gift has been challenged,Witnesses are important to gift document.You do need to prove the free consent as well as attestation independently in court of law.
Sailesh Kumar Shah
(Expert) 25 October 2011
All experts are rightly advised. No need to add more.
Sankaranarayanan
(Expert) 25 October 2011
yes i agreed with all experts suggestions
