Cancellation of gift deed
GANGO PADHYAYA
(Querist) 19 December 2013
This query is : Resolved
Sir
Father wrote a registered will 1996
according to that two properties one property to elder brother and second brother
where as 2000 father gifted the property (what ever wrote on according to will under those terms and conditions he gifted the property to second brother) in the said gift elder brother is one of the witness
There upon he obtained municipal plan and bank loan constructed
where as elder brother son fraudulently obtained will and staying in ground floor
It is pertain to mention that fraudulently elder brother son by playing fraud cancel said gift deed
After knowing all these second son filed a suit challenging the said gift deed cancellation
Second son : has Municipal plan, Bank Loan, welfare maintenance documents of his father, Original will 1996
Assignment Land: cases had happen in between father and government in the year 1979
suit for injunction obtained by father
THE SAID LAND WAS GIFTED TO SECOND SON
WHAT ARE STEPS TO BE TAKEN BY SECOND SON TO WIN THE CASE
Guest
(Expert) 19 December 2013
If the elder brother's son had cancelled the gift deed by way of any forgery a criminal complaint could be filed against him.You have not mentioned clearly about the gift deed .Copy of the will document will not be given to all except the concerned parties by Registrar Office.Would you make it more clear
Rajendra K Goyal
(Expert) 19 December 2013
Facts are not clear. Generally Gift deed after accepting of gift can not be cancelled. If it was fraudulent act FIR should be lodged.
Guest
(Expert) 19 December 2013
Injunction obtained by father about what and against whose act, his elder son, second son or son of the elder son?
You have also not stated whether the father is still alive or not?
Even otherwise, cancellation of gift deed cannot be possible without involvement and mutual consent of both the father and the elder son.
R.K Nanda
(Expert) 20 December 2013
STATE DETAILED FACTS.
V R SHROFF
(Expert) 20 December 2013
STATE FACTS IN FULL DETAIL.
ajay sethi
(Expert) 20 December 2013
gift deed made by father cannot be cancelled by elder brother son . cancellation of gift deed can be done by mutual consent of father and son . once gift deed is executed son becomes absolute owner of said land
T. Kalaiselvan, Advocate
(Expert) 20 December 2013
I think the author is himself confused and not very clear about what to ask/clarify, thus with his contradicting version of query, it is better to advise him to elucidate on the subject issue he needs clarification about.
prabhakar singh
(Expert) 20 December 2013
R U 4m orissa SIR!
A GIFT ONCE MADE VALIDLY CAN NOT BE REVOKED BY A WILL IS MY ANSWER.
DEAR ADVOCATE HAVE CLARITY OF LAW IN YOUR MIND!
GANGO PADHYAYA
(Querist) 21 December 2013
It is an assignment land, In that two assignment land patta purchased , two granted by govt.
