varun 25 June 2016
JustAdvisor (IT) 25 June 2016
Kumar Doab (FIN) 25 June 2016
You have not posted what is his complaint/plea in the case filed by him?
The gift can be made by the owner in his/her life time.
It is prsumed when the gift deed was registered your father was alive.
You have posted that it is self acquired proeprty of your father. The owner can dispose his estate in his/her life time as it pleases to him/her.
The gift deed can not be cancelled without consent of Donor and donee and can not be revoked without order of court.
Based on facts posted by you, you do not seem to have a weak case.
Kumar Doab (FIN) 25 June 2016
You have not replied to the points raised.
Suit of declaration to cancel the gift deed should have been filed within three years of the knowledge of the existence of the gift deed. It has been 6 years.
If there was any fraud and coercion in gift deed, then it may get cancelled.
Gift can be cancelled by consent of donor and donee.
Gift can be revoked by Court alone.
What is the opinion of your own counsel?
varun 25 June 2016
father is dead..father gives gift deed
Sudhir Kumar, Advocate (Advocate) 26 June 2016
local inspection and perusal of paers is needed. Meet a local lawyer.
Sudhir Kumar, Advocate (Advocate) 26 June 2016
kindly visit
https://www.lawyersclubindia.com/forum/Asking-share-in-my-own-property-138795.asp
it appears you have a sister as well.
Kumar Doab (FIN) 26 June 2016
You have posted that:
"father is dead..father gives gift deed".................."My fathers self acquired property is partioned between me and my brother and registeted before 6 years as gift deed "
Contest the matter and defeat the claim on merits in court.
Engage a very able counsel specializing in family/property/revenue/civil matters.
Kumar Doab (FIN) 26 June 2016
Don't repeat the query.
Post full facts in one go.