Yes, you can challenge this in civil court. Need to review all your papers so we can guide you in right direction.

Once gift deed is executed duly stamped and registered your uncle is absolute owner of the land

2) you can file suit to set aside gift deed but issue would be what we’re you doling for 11 years

Once gift deed is executed duly stamped and registered uncle is absolute owner of said house

You should take the plea that fraud was discovered only last month and suit has been filed within period of 3 years of execution of discovery of fraudulent gift deed

You have to make out a case that gift deed was executed by undue influence or coercion or that grand mother was not mentally sound

1. Since the agreement was made in 1987 it cannot be specifically enforced. The limitation period to file a suit for specific performance is 3 years.

2. In case of a gift deed the title in the property instantaneously passes from the donor to the donee. So your uncle in whose favour your grandmother executed the gift deed has become the owner of the property.

3. The gift deed has to be challenged within 3 years from the date of knowledge.

1. If the property belonged in the name of your grand mother then she could validly gift the property to one of her sons.

2. Now the gift deed once executed can not bee even cancelled by the donor herself.

3. The agreement made among your father and uncles have not much legal importance as on this basis alone the gift deed can not be set aside.

4. Only if it is proved that the gift deed was done out of fear/force/coercion/material misrepresentation /fraud etc then only it can be set aside by court.

1. GIFT Deed is always unconditional and CANNOT be revoked /cancelled, UNLESS it is proved that the Deed was prepared by an mentally unfit person or by threat or coercion.

2. Gift Deed was executed in 1987 (more than 30 years) and now has become out of the Limitation period to challenge in court.

Keep Smiling .... Hemant Agarwal

Sir gift deed cannot be conditional and there can be no agreement for gift deed so if the grand mother through registered gift deed gifted the property you can challange same on ground of cheating and fraud but same.has to be established otherwise no case maintainable.

Sir gift cannot be conditional so if so is condition thos ground can also be taken since gift was conditional.for water and electric connection same is not valid.

The suit though is barred from limitation act so.you have to pray before court to.condone delay first then the suit.can be instituted.

Gift deed can challenge before the court. You should take a contention that gift deed was executed by undue influence or coercion fraud.

Yes you can challenge in the court on the basis of gift deed he fraudulently has taken the property registered file a case for declaration that declaring your grandmother was owner of the property and all... ask the relief of the said gift deed to be null and void...!

Call me for further details

it will be challenged only if you are able to establish that the execution of the deed was not as per the wish of the donor or was executed under misrepresentation, fraud etc.

Dear Client,

Is that gift deed registered ?

Well for the purpose of valid gift deed, there must be transfer of ownership which is not in your case but only for availaing connection.

This is not Valid Gift and revokable by grand mother.

It was a conditional gift

Gift was to be revoked on happening of specified event mentioned in deed

As the condition happened the property ought to have reverted to your grandmother

Your uncle thus could not register the property in his name and claim exclusive ownership

A case filed now will be a very weak case.

Take a copy of the gift deed and other documents and then take advise from a lawyer

Based on the facts stated by you I am not in a condition to give a very concrete advise,

Regards

A registered gift deed is a transfer of property.

If at all there was any suspicion about this act, then the donor should hav filed a suit for cancellation of the same within three years from the date of execution of the said gift deed.

Now it is barred by limitation.

Moreover only your grandmother could have filed this

This is mention in the agreement that " whereas it was decided among the family members the said house be transferred in the name of 1st party by of gift is order to avail the electricity and water connection"

What is an agreement going to with the gift deed.

Once a property has been transferred by executing a registered gift deed, then it cannot be revoked for any reason until and unless the fraud is proved before court and for that also a suit should seeking cancellation of gift deed should have been filed within three years from the date of registered gift deed.

We did not know what he has done we come to know that last month is there any chance that we can fight for

You cannot do anything about it at this belated stage, moreover since the property was transferred by your grandmother, you have nothing to do in this regard, at least legally.

The gift deed once executed can not bee even cancelled by the donor herself.

Only if it is proved that the gift deed was done out of fear/force/coercion/material misrepresentation /fraud/mental illness etc then only it can be set aside by court.

Gift Deed was executed in 1987 (more than 30 years) and now has become out of the Limitation period to challenge in court.