Cancellation of gift
Suresh Babu Rai
(Querist) 05 February 2013
This query is : Resolved
Good Morning All!
X is having 0.20 Guts of land as his self acquired. He is a senior citizen about 75 years. A- is his elder daughter (58 Yrs), C- is his son (55 Yrs), D- is his son (52 Yrs), B- is his daughter (48 Yrs), E- is his son (42 Yrs) and the F- is his younger son (40 Yrs).
About two years ago C, D, E, and F are neglected the X to maintain him. A and B his two daughters have come forward to maintain him and were looking after his health and wealth. Due to natural love and affection the X has gifted the said land to A and B through a Registered Gift Deed in the year 2010. The E and F have attested the said gift deed as witnesses but remaining refused to do so. The said 0.20 Guts of land is an agricultural land and A and B have accepted the said gift. As the said land is comprising a single plot the A and B later divided the same in to equal shares through registration. The revenue records pertaining to 0.20 Guts are still continuing on the name of X. Neither A nor B have taken any steps to mutate their names with the revenue records concerned.
In fact C, D, E, and F are in possession over the property, a bench made delivery of possession taken place at the time of execution of said gift deed from X to A and B.
After dividing the said land in to equal shares by the A and B, they also refused to provide maintenance to X and necked him out form their place.
Now the X approached C and D, who were refused to attest the gift as witnesses and refused the gift. X along with C and D approached me to initiate legal proceedings against A and B to revoke the gift and to cancel the Gift Registration Deed with due process of law. Can I proceed to the court by filing a civil suit for cancellation of gift deed executed by the X?.
Thanking You Sir….
ajay sethi
(Expert) 05 February 2013
x should move tribunal under maintenanceof senior citizen act .tribunal can pass orders in favour of x
Suresh Babu Rai
(Querist) 05 February 2013
Thanks for responding sir ! Now the maintenance of X is not all a problem, the problem is with the gift deed and at any cost X wants to cancel the same with due process of law.
Raj Kumar Makkad
(Expert) 13 February 2013
If the gift deed was not conditional, it cannot be got cancelled on the whims and wishes of the donor.
