• Cancellation of gift deed

Sir my father has gifted me a house (self owned) n died. Now my mother filed a case to cancel de gift deed. Judge is collude with her. So what i should now. She is getting a pension of 24k n my father has settled her two plots later he gifted me n having enough bank balance. As my marriage is a intercast marriage she wanted to take de house from me. I don't know wat to do.
Asked 2 months ago in Civil Law from Mahabubnagar, Telangana
Hii , there is nothing to worry ... Once a gift deed is made it cannot be cancelled or revoked .. Your father made it on his free will and consent.. Her claim is bogus and invalid in the eyes of law
Hemant Chaudhary
Advocate, Gurgaon
1461 Answers
5 Consultations

4.9 on 5.0

Court would not set aside gift deed unles your mother is able to prove that gift deed was executed under coercion or undue influence or that your father was not of sound mind at time of execution of gift deed 

2) you file suit to set aside gift of 2 plots made in mother name 
Ajay Sethi
Advocate, Mumbai
37796 Answers
2119 Consultations

5.0 on 5.0

It can not be cancelled until and unless it is proved that your father was mentally ill or that the will was made under coercion. Usually the gift deed is not cancelled by the court, please do not worry about the same.

Regards
Anilesh Tewari
Advocate, New Delhi
3841 Answers
47 Consultations

5.0 on 5.0

1. DO not worry as the gift deed f done willingly can not be cancelled by court.
2.The collusion of court if is apparent you may file petition to transfer the case to another court.
3. So do not worry as nothing will happen in the case which would go agaisnt you.
Devajyoti Barman
Advocate, Kolkata
10414 Answers
125 Consultations

5.0 on 5.0

If you have proof in support of the fact that the judge has colluded with your mother and he's prejudiced against you and that he'll never do justice to the case, file an application for the transfer of this case.
Vibhanshu Srivastava
Advocate, Bangalore
2238 Answers
8 Consultations

4.9 on 5.0

Judge would pronounce judgment based on merits of case 
Ajay Sethi
Advocate, Mumbai
37796 Answers
2119 Consultations

5.0 on 5.0

That depends on the fact that how influential is your mother. 
Vibhanshu Srivastava
Advocate, Bangalore
2238 Answers
8 Consultations

4.9 on 5.0

Cases are not transferred this easily.

Regards
Anilesh Tewari
Advocate, New Delhi
3841 Answers
47 Consultations

5.0 on 5.0

Hi
It is highly impossible for any judge to rule against you in your case given the fact that 
a) The Gift deed executed by your father cannot be cancelled  as only your father could have cancelled the gift deed if at all he was alive. 
b) Now that your father is no more, your mother cannot step in to the shoes of your father and ask for cancellation of gift deed.
c) Even if your mother claims that your father executed the gift deed under undue influence, coercion etc, the same shall not hold water, given the fact that if at all there was any undue influence or coercion, your mother would not been gifted two plot's in favour of your mother and 1 house in your name. 
d) So all you need to prove that your father did execute the gift deed by producing the witnesses in the court. 
e) Now in order to transfer the case to another court, you should approach the high court and demonstrate by producing the A-List (court case diary), pertaining to your case and prove that the judge is colluding with your mother. Unless and until you prove in the high court, high court might not order to transfer the case to another court. 
f) Generally since there is an appeal procedure in all of the cases, even if the judges are colluding with one of thpe parties, all such instances of collusion will be revealed in the appeal and hence judges will be extremely careful and cautious in making manifest errors in their judgment (i.e passing orders against you when facts are in your favour).
h) Just ask your lawyer to be firm , present the facts in a clear manner, examine you and also cross examine your mother and be very strict in complying with the court procedures and chances are that the judge might even stop colluding when he see's your lawyer being firm. 
Hope this information is useful 
Rajgopalan Sripathi
Advocate, Hyderabad
1139 Answers
116 Consultations

5.0 on 5.0

Gift deed could not be canceled easily. If your mother will prove the gift deed was executed under coercion or undue influence or your father was not sound mind at time of execution of gift deed then only court will cancel it. Judge could not collude with her. The decree is not in favour of you ,then you can file appeal. Now also you have liberty to file transfer petition from present court to another.

It is your mom try for amicable settlement and at least believe in judiciary . Judges are not partial and they could not ,if they be partial you can have opportunity to file appeal against their orders. 
Ajay N S
Advocate, Ernakulam
2522 Answers
32 Consultations

5.0 on 5.0

1. A gift deed can be challenged by any of the heirs of the donor on the ground that he had no competence to gift the property or that his consent was induced by coercion, undue influence or fraud, but this has to be proved in the court through cogent evidence.

2. If you have received the summons then engage a lawyer to contest the case on merits.

3. The case cannot be transferred to another court
Ashish Davessar
Advocate, Jaipur
21674 Answers
591 Consultations

5.0 on 5.0

A. Generally, Gift Deed cannot be cancelled once it is executed by following legal procedure which means registration of Gift. However, the Gift Deed can only be cancelled by virtue of Court Decree on transfer of property was illegal transaction. Example: Transfer of Ancestral property or joint family property. 

B. You can contest the case by filing a written statement/objection effectively and you can challenge the same before the Appellate Court if any order or judgement passed against you. However, you can file an application to transfer your case to another court by giving sufficient reason. Moreover, the possibility of influence on another  judge is very poor. In Indian Judiciary, it is highly impossible. 
B.T. Ravi
Advocate, Bangalore
799 Answers
52 Consultations

5.0 on 5.0

What is the suit she filed, how is the judge related to her, dont give false and unfounded statement that the judge is in collusion with her.
If this court is giving her a favorable judgment, you can prefer an appeal agaisnt the judgment that aggrieved you. 
A registered gift deed cannot be cancelled by a third person until the fraud in the execution of gift deed is proved before court.
T Kalaiselvan
Advocate, Vellore
27746 Answers
288 Consultations

5.0 on 5.0

Sir u advice me transfer of my case to other court.  Der is a chance to judge can influence in other court also.

First of all a judge cannot deviate the provisions of law in his favor and also if yo get this case transferred to another court, it is not necessary that this judge can influence that judge also.
You have to look for some ways for the reliefs desired instead of suspecting at each and every stage.
T Kalaiselvan
Advocate, Vellore
27746 Answers
288 Consultations

5.0 on 5.0

Ask a Lawyer

Get legal answers from top-rated lawyers in 1 hour. It's quick, easy, and anonymous!
  Ask a lawyer