1) file suit to set aside gift deed executed by you on account of coercion
2) seek injunction restraining sale of property by donee
Land given under pressure or threat
I am from North eastern insurgency area. I own a large land/Village which is legally mine .The Problem arise when a lawyer/advocate(my villager) want my land and we fight in our tribe court. After many years of case, i was force to signed a gift deed where he can become village chief and take over my land anytime by now.Indeed, we also present before insurgency group in this matter and he wins in that matter . How should i proceed? i am scare to take up the case in the government !! They told me" what's the used of having land if you have to lose your life"?
Asked 8 years ago in Property Law
Religion: Other
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8 Answers
Hello,
I understand the condition in which you have given up the right on your land.
You have an option of filing a case in the civil court or you can also file a complaint in the police station ( if viable).
Appropriate remedy is to approach the court.
Regards
The decision of the Tribal Court is unrecognized. You can take this to a real Court.
So , it is your choice.
If you indeedwish toput your life at stake then fight this over in court.
Otherwise forget and settle elsewhere where law prevails.
Hi, if you don't want to go legal then unfortunately there is no legal advice too.. It is a sensitive matter , try to settle it with the help of senior village persons
1. You can lodge a police complaint against the person who had forced you to register a gift deed in his favour.
2. there after you can file a declaratory suit claiming that the said gift deed is void at law since you were forced to register the same.
3. You shall have to take a bold stand if you want to get back your own property.
1. This is anarchy.
2. However, if you have executed the gift deed then you can challenge it in the court on the ground that it was executed under duress. You alone have to decide the course of action keeping in mind the threat perception.
What is suit that you have filed?
How do you claim ownership of the property?
Do you have title documents in your name?
If so, you can file a declaration suit and also a permanent injunction application against this.
