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bhaskar   01 February 2016

Cancellation of gift deed

My father, aged 72 years, had purchased 2.05 acres of land in 1998 and had built a slab polishing unit in 50 cents. In 2003, one person had asked my father to gift a part of land for an old age home planned adjacent to our place. During registration (giftdeed), he managed to write the whole 2.05 acres of land and my father signed that without even reading the document. We, the sons, came to know that only after three years and were silent as the person threatened to occupy slab unit as he is from police dept. In 2010, my father executed cancellation deed as they did not build any old age home and the same  was mentioned in the document. My point is we are still in possession of slab polishing unit and enjoying the same since 1998, so the very transfer and possession of land by donee is not fulfilled. Now please let me know if the cancellation is valid or not and will I succed the case in court.


Learning

 7 Replies

Advocate Kappil Cchandna (Expert Bail & Criminal Defence Lawyer at Delhi Supreme Court of India)     01 February 2016

Sir,

 

Yes you can seek the cancellation of the gift deed through court on the ground of fraud being played upon you and your family by that particular person .

Undue Influence becasue of the old age could also be an important factor in doing the same.

 

Warm Regards

Kapil Chandna Advocate

9899011450

Mahendiran   01 February 2016

If it is gift deed you father can cancel that deed no issues

Mahendiran   01 February 2016

If it is gift deed you father can cancel that deed no issues

Mahendiran   01 February 2016

If it is gift deed you father can cancel that deed no issues

Mahendiran   01 February 2016

If it is gift deed you father can cancel that deed no issues

Mahendiran   01 February 2016

If it is gift deed you father can cancel that deed no issues

Mahendiran   01 February 2016

If it is gift deed you father can cancel that deed no issues

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