Gift deed
ARUN KUMAR YADAV
(Querist) 08 November 2014
This query is : Resolved
sir my self arun yadav,mere baba ki property meri grand step mother se 2 logo ne old age pension ke bahane gift deed registerd krwa li.mere baba ki dead 1996 me ho chuki hai .ab iska waad court me pending hai. kya ye gift deed cancel ho skti hai. meri grand step mother abhi jinda hai . aur unse koi bhi bachcha nhi hai. plz help . thanx all respected advocate sir.suit for declaration ka case pending hai. meri dadi ke name se. kya mai apne name se bhi case file kr skta hu.bcz ye mere baba ki property hai.plz isse releted koi case law ho to send kr dijiye . plz ya fir koi sc ki rulling ho .plz
Dr J C Vashista
(Expert) 09 November 2014
Gift deed cannot be revoked or cancelled.
Rajendra K Goyal
(Expert) 09 November 2014
Repeated query:
http://www.lawyersclubindia.com/experts/Gift-deed-506076.asp#.VF8IRPmUen0
Sailesh Kumar Shah
(Expert) 09 November 2014
maine appko already query ka reply previous thread me de chuka hu.
J K Agrawal
(Expert) 09 November 2014
Dear Mr Sailesh Shah
I think that he himself can file a suit for his share in ancestral property, for partition and for declaration of gift deed void. The both cases maintainable at the same time.
I think a case by himself have more force than that of filed by his grand mother for cancellation.
Please suggest again your valuable views.
Regards
Sailesh Kumar Shah
(Expert) 10 November 2014
Dear Mr. J K Agrawal,
There are some reasons for my views:-
1. aggrieved person is grand mother prima facie.
2. First case is already pending, it may be mature status.
3. Second case would also taken more time, in the meantime first case judgement may be released.
J K Agrawal
(Expert) 11 November 2014
Thanks Mr Shailesh. Your view is very practical.
T. Kalaiselvan, Advocate
(Expert) 13 November 2014
Grandfather's property nee not be ancestral property, there was no mention that this was a ancestral property. Thus the author will not be eligible to seek partition if it is not a ancestral property. If his father had a stake as a legal heir to his deceased father's intestate property and the father is also no more (died intestate), the author may seek his legitimate share out of his father's share in the property. Now since his grandmother has already filed a declaration suit and is pending in the court, let the outcome be known.
