A gifted 30cents out of 70 cents to one of his daughters in 1986 .Subsequently in 1998 the gift was cacelled by a registered document and settled entire property to his 3daughters including B, but it was different property and lesser extent. The other daughters filed asuit for fixing boundary in 2016 wherein B conceded the execution of 1998 document in her ws and admitted the plaintiffs possession. Now whether B can file suit fo4 declaration with 1986 document or remedy to defeat the claim Father is alive and.admisdion in ws will not atract estoppel. paties are hindu.
Kindly clarify as to whether cancellation of regs deed was with consent of daughter in whose favour gift deed was executed in 1986
2) if cancellation was done unilaterally by donor then donee can file declaratory suit that she is absolute owner of 30 cents of property
Well, the gift deed once executed, registered and acted upon can't be cancelled unilaterally by the donor.
So the beneficiary of the gift deed can very well file suit for declaration to set aside cancellation deed.
If the gift deed has been executed and has been acted upon then the same can not be cancelled unilaterally therefore the beneficiary of the gift deed has a right to challenge its revocation.
Regards
As the party has admitted the second document and acted upon it and then whether the party is estopped from the admissionsin the written statement
Statements made in WS would be binding upon the party
The law of estoppel will not apply here.
Regards
When we concealed the fact in her written statement. She deliberately concealed this fact therefore the fact mentioned in the return statement shall be treated as admission and it is irrelevant evidence under Section 21 of the Indian Evidence Act. According to Section 115 of the Indian Evidence Act When a person admit the fact then I cannot retract at later stage if he do so then he shall be prevented under section 115 of the Indian Evidence Act.
1. B had to challenge the cancellation deed through which the 1986 gift deed was cancelled. She ought to have filed the suit within 3 years. The suit will now be barred hopelessly by limitation.
2. It has to be seen whether the admission was only about the possession of the plaintiff or the title thereof. Mere admission of the possession of the plaintiffs does not imply that the title of the plaintiffs has also been admitted.
3. Consult a lawyer with the complete set of pleading to get a comprehensive opinion.
Now whether B can file suit fo4 declaration with 1986 document or remedy to defeat the claim Father is alive and.admisdion in ws will not atract
estoppel. paties are hindu.
Actually now B has lost her opportunity to seek the cancellation deed as null and void due to that it is barred by limitation
She should have done it on or before the year 2000.
Now she has nothing to do about it at this belated stage.
As the party has admitted the second document and acted upon it and then whether the party is estopped from the admissionsin the written statement
Estoppel is a collective name given to a group of legal doctrines in common law legal systems whereby a person is prevented from making assertions that are contradictory to his or her prior position on certain matters before the court.
Thus this doctrine very perfectly apply to this position too.