Property dipute
DAMASCENO PEREIRA
(Querist) 18 January 2013
This query is : Resolved
HI SIR. MY AUNTY [FATHERS SISTER] GIFTED HER PROPERTY TO MY FATHER,AFTER A HER HUSBAND DIED IN 1965 AND IN 1967 MY AUNTY GIFTED HER PROPERTY TO MY FATHER.WHICH THE PROPERTY PURSHAED BY MY AUNTY ON HER NAME AND WHICH IS REGISTER IN SUB REGISTER .NOW MY AUNTIES HUSBAND sister son HAD FILED A REGULAR CIVIL SUIT SAYING THAT WE HAD TRESPASS TO THEIR MUNDCRIAL HOUSE IN MAKING ILLEGAL AND FRAUD GIFT DEED ,WHICH MY AUNTY HAD GIFTED TO MY FATHER,SIR I NEED YOUR HELP. THANKS
Advocate M.Bhadra
(Expert) 18 January 2013
Gift Deed once execute can not be revoked(sec.122 T.P.Act),but in certain cases only court can cancel the Girt Deed on an application by the Donor if court found that there was any fraud and coercion happened.In your case the Donor was absolute owner and self acquired and she is died,so it is very difficult to prove that there was any fraud and misrepresentation.You should engage a senior civil lawyer to defend the suit.
