satish (self employed) 30 January 2011

Gift and revocation deed Issues

Part A

Property Type: Agriculture Land in Andra Pradesh

Donor was Absolute Ownership of Agriculture Land,

Doner got it as his rightful share in division of his father properties

Property Donor: Uncle to Donee

Property Donee: Daughter- in- Law to Donor

Property Registered as: GIFT DEED (Unconditional gift deed) Dated 29-12-2005

Donee father has managing her lands since gifted to her on 29-12-2005

till today

Donee has obtained land records passbooks from Revenue authorities

Availed Agriculture Crop Lone form SBI since 2007 feb ever year regularly

At present entire land is Hypnotization with SBI Agriculture Crop Lone

------------------------------------------------------------------------------------------------

Part B

Donor executed revocation deed on11-09-2010 by revoking earlier registered gift deed

Dt. 29-12-2005 executed by him in favor of the Donne without consent of Donne.

Same day on 11-09-2010 he executed sale deed in favor of his son-in-law

In revocation deed, reason Donor stated that, I (donor) executed gift deed to my brother daughter (Donne) on 28-12-2005, since then she is not look raftering well and disobeying

I (donor) am worried about my future, that’s Y canceling gift deed dt 29-12-2005

Donne file a Suite under order 7 with section 26 of c.p.c on 10-11-2010

To declare right and title of Donne over suite and injunction orders

Counter filed by Donor

Submits that donor never gifted the petition schedule property to the Donne

Position is with him only,

When the donor was in fully drunken condition Donne and her men played fraud upon donor and obtained the gift deed on 29-12-2005

Donor wanted to sell his property in 2010 oct, Donne raised objection then Donor come to know the details and aware

So Donor executed these actions

Interim injunction ordered in favor of Donne

My question is

a) How is the position of Donne in Suite

b) Donor has made allegations in revocation deed and in counter failed are no ware related or different, will they be considered

c) How we come move forward the Suite for Justice

d) Please tell, let us know the Acts and procedures

Reply Follow

2 Replies

niranjan (civil practice) 30 January 2011

In my opinion position of Donee is strong because that land is also mutuated in the name of donee which poroves his possession. Pl.find out whether at the time of mutuation of land,whether notice was served to donor and whether he had not taken any objection, this will make his story false if he has not taken any objection inspite notice served.Pl.file all revenue record.

1 Like

satish (self employed) 01 February 2011

Sir

Donor has failed counter

Stating that he was in fully drunken condition, and not aware about the

Gift deed he executed dated 29-12-2005

And in revocation deed (dated 11-10-2010)

Donor stated that, Donee is not lookaftering well, abusing and disobeying

Donor, he is worried about future, that’s Y canceling gift deed dt 29-12-2005

Will this statement by Donor considered favor to Donor

Sir, is there any time period for Donor to revoke or cancle a Unconditional Gift Deed