Sir, with respect I want to inform you that, my father have 4 brothers. My grand father expired during 1991. My little most uncle has made a gift deed without intimation of my grand father that my grand father gifted him all the land wich are in the name of my grand father. The gift deed was in the year 1991. Thoug the gift deed was fake, it was registered. After expiry of my grand father the lands were transferred to their sons as per legal heir in sub-registered office during 1993. But, my little most uncle has again registered only his name during 2011 by deleting of all brothers name. The sub-registered office i.e. S.D.C. office was also not intimated to my father and all other uncle about deleting their name from the registered record. I request your honour, Please help us about the matter and whether gift deed can be revocked or not through Court Case? Yours faithfully, Samudra Kalita Phone- [deleted] e-mail- [deleted]
1. Your grand father during his lifetime has rights to gift all his properties to anyone of his choice and there no illegality in it.
2. However if you find that the gift deed is a forged one then you will have to file a civil suit for declaration to set it aside.
3. Since 12 years has passed from the date of execution of such deed the suit is though time barred now.
4. rather you can file a suit for partition claiming your due share.
If the property is ancestral property and not self earned property of grandfather than that gift deed will have limited share of grandfather only and not other siblings.
As you said if its fake gift deed than you need to prove in the court of law as its fake documentation.So the first the burden of proof will lays on you and not on your uncle.
do let me know property details of family history from 1956.
Sir if the gift deed is forged then a suit for cancellation of deed and entries made in record as per deed can be filed. You need evidence and proof to substantiate the gift deed is forged or fraud.
Hi,
You have mentioned ".....gift deed without intimation of my grand father......", how is that possible? Since it was your grandfather's property and he had every right to gift the property to anyone with proper registered documents and having proper signature. How can you say that "the gift deed was fake, it was registered"? If it was "Registered", it must be having your grandfather's signature on it. In this case, how can you claim it to be fake? Was the gift deed registered after your grandfather's death, without his presence before the sub - registrar? That may not be possible.
Kindly clarify, was the property your grandfather's self earned property or inherited property? Your query is not only contradictory, it lacks vital information without which proper guidance is not possible.
How the land was transferred to legal heir after your grandfather's demise? Was the "Legal Heir Certificate" obtained from the court? If the gift deed is has valid signature of your grandfather and registered properly and it was your grandfather's self earned property, you can not challenge it. If any of the condition mentioned above is missing, your father and his other brother's can challenge it through a "Partition suit".
File suit to set aside fraudulent gift deed executed by your uncle by forging your grand father signature
2) seek an injunction restraining sale of property by uncle
Hello,
Challenge the said gift deed and subsequent transfer of the property in the court.
if the gift deed is registered then in that case the registrar is not bound to intimate the legal heirs about the transfer.
You may go ahead and challenge the gift deed and the transfer of the property.
Regards
Hi,
Since the gift deed is fake, you are suggested to file appropriate case in the district court challenging the same and pray for restoration of name of your father and other uncles.
1. Check whether the Gift Deed is :
a) Stamp Duty Paid
b) Registered at the office of the Registrar of Sub-Assurances
c) Signed by atleast two witness
2. You have to do the above BEFORE you think of taking any legal action.
3. IF the above gift deed is forged, THEN it can easily be canceled /revoked by order of the local civil court, and all legal heirs names can be restored on record.
Your uncle's act of cancelling the registered partition deed is not valid because he has no locus standi to get it cancelled through sub-registrar's office.
If he had possessed the rgistered gift deed, then he should have approached court of law based on the said document with a suit for declaration of his title in the property.
Your father and others may challenge his cancellation deed as well as his claim for proper shares in the property
Gift can be revoked by order of court if proved fake/forged or executed by playing fraud. ownership of other brothers on land will prevail even if gift is valid by adverse possession.
IS donor is grand father in gift ?
Yes any gift deed can be cancelled if it's fraudulent or fake. You cannot revoke it unilaterally if it's irrevocable. It can only revoked if the deed is revocable unilaterally
The gift deed can certainly be questioned in the court of law by filling a suit for such declaration. However, 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
Yes it can be revoked but for that you should have the proof that it is make with fraudulent intentions and also you have to prove that your uncle didn't get the possession of all the land as possession is one of the most important ingredient for gift.
