Property Type: Shop site in Andra Pradesh
Donor was Absolute Ownership of shop
Property Donor: son-in-law to Donee(Donee own elder brother second son)
Property Donee: Aunty to Donor(Donor Father own younger sister)
Property Registered as: GIFT DEED (Unconditional gift deed) in 2010
Donor father has managing the business in that shop since 32 years till today.
For Donor and Donor father there is no property except the shop .Donor father has purchased the shop in the name of Donor due to centiment 4 years back.
Donee want loan for house construction and she have less money to construct and he managed with donor.Due to innosense of donor he registered a gift deed in name of Donee 10 months back without the notice of his parents .Donee constructed his house and its value about 75 lakhs todays rate.She didnot take loan with the gift deed.
Donee put the shop room for sale and it get noticed to Donor.When donor asked about the sale of shop the Donee refused at Donor.
There is no way to Donor and Donor decided to cancel the gift deed.Donor Cancelled the gift deed and change it back it to Donor name.
The Donee know this cancellation and put a petition on Donor and Donor Father.
1.Donee has claimed that once registered property cannot be revoked and Donor had tell they will vacate the shop within 1 year.
Donor is in possession till now and doing the business
Donee applied for interim injunction
Donor has registered the gift deed as the donor is giving the property with love and affection and Donor is not accepting any thing for the gift.
In the Tax-assesment bill is getting with name of previous owner which has purchased by Donor.
In The Tax-assessment bill the names are not with Donor and donee.
Donor executed revocation deed on 2011 by revoking earlier registered gift deed
Dt. 2010 executed by him in favor of the Donne without consent of Donne.
In revocation deed, reason Donor stated that, I (donor) executed gift deed to myaunty (Donne) on 2010, since done a fraud I (donor) am worried about my future, that’s Y canceling gift deed dt 2011
Donne file a Suite
Counter filed by Donor
Submits that donor never gifted the petition schedule property to the Donne
Position is with him only,
When the donor has didnot inform to parents and Donor is unmarried and he having elder brother.Donne and her men played fraud upon donor and obtained the gift deed on
So Donor executed these actions