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Bibhas Chandra Patra (Private Job)     18 October 2013

Help needed - gift deed cancellation

Dear Experts, I have three step elder brothers A, B & C. They got a registered gift deed from their mother (my step mother) in 1975 which was actually purchased by my father capital in 1969. B & C given there part share to me vide registered Gift deed in 1985 (I was 3 years old). According to 'C' he was minor (16 years) according to his school marksheet. Now B & C have filed a Title suit in Court in 2010 against me to kick me out of home. The case is still pending in competent court. The court ordered to put evidence. But I have given preliminary issue settlement petition against time limitation (as 27 years have been passed). I have a notice in Advocate letter head given by 'C' in 1989 to father regarding to cancel the gift deed. And after that no case has been executed. But in this case he is saying that he had no knowledge about his gift deed and father has cheated with him. 1. I want to know that is my gift deed can be cancelled ? & 2. Is there any validity of Title suit pending in court ? Thanks & Regards Bibhas



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 3 Replies

Adv.Vandana Vaidya (Advocate & Regd. Patent Attorney)     18 October 2013

Well, a gift deed can be cancelled by the court of law, if it is proved that, there is undue influence or fraud. However, 12 years is the period and the age of maturity ie 18 years, is considered to be crucial after any transfer of property, where a minor is involved.

In your case, your step brother B & C, gifted you the property. I can help you with the points you can use to fight your case, as giving mere legal opinion is not possible unless all documents are verified.

1. Since they were minors at that time, some elder must have signed on behalf of them, if not then how can they enter a legal contract?

2. If no action is taken within 12 years of such a transfer, then by adverse possession, you become the owner.

3. The said gift was not induced by you either by undue influence or fraud.

Based on the above, you have chances to win the case.

T. Kalaiselvan, Advocate (Advocate)     19 October 2013

If C was a minor at the time of executing the gift deed in your favor, it is invalid by law.  The guardian of a minor has no right to transfer the rights and interests of a minor in the property without the permission of the court.  However the minor has to file a suit within three years from the date of knowledge of the alleged transaction after attaining majority and the delay beyond three years period cannot be condoned, so verify this aspect and check your status.  If the B was a major at the time of execution of the said gift deed, the gift deed is valid to the portion of B's share in the property.  You do not have to perfect the title by adverse possession once you have a valid title over the property. 

Bibhas Chandra Patra (Private Job)     21 October 2013

Thanks experts


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