I am a widow and fully dependent on my brother for monthly expenses and living; he made me sign my property to his name under severe duress and financial blackmail in 2012. Finally, now in 2019, my children are earning and I am able to afford a lawyer to challenge the gift deed I was forced to sign in 2012. 1) Has the time limit to challenge the gift deed passed? 2) I know that I can challenge him in court anytime, but is there any chance of winning?
Yes, you can file case against him on coercion based and able prove the gift deed was forced to sign.
You can file under limitations act and cancel the gift deed as per gift deed act and the contract act for fraud and misrepresentation, coercion.
There is no limit in your case as legitimate will be valid.
1. IF you prove that you never had any other immovable property, except the property which you Gifted under coercion /duress, THEN you can file a Civil Suit, at ANYTIME, for Declaration to set aside /revoke /rescind the Gift Deed. This can be done successfully in your favor
2. However note that Brother is entitled to claim all monetary payments made to you during your distress days alongwith Interest on the same.
3. Further note that any Gift Deed for immovable properties, is legally null & void & becomes infructuous, IF the said Gift Deed was not property Stamp Duty paid and Registered, before the local office of the Registrar of Sub-Assurances. Check on this one first, before proceedings on point no. 1.
Suit for setting aside gift deed ought to ha e filed within period of 3 years of execution of gift deed
2) suit would be barred by limitation
The gift deed is irrevocable unless fraud coercion and cheating was involved and the donor was coerced and compelled into gifting the property. Therefore you can challenge the transaction.
Regards
1. Coercing you in to signing the document for usurping your property is a criminal offence which can be reported anytime on the pretext that you were not in a position to lodge the complaint.
2. For civil case, there is a limitation period. However, you can file the declaratory suit before the civil suit court after filing the criminal case, praying for a declaration that the said deed of conveyance you had registered in favour of your brother is invalid hence liable to be cancelled since it was registered by you under coercion.
Hello,
Yes you can file a suit and also seek injunction so he cannot sell the property. Yes there is a chance of winning,.
Regards
1. Three years is the time limit for filing a suit to cancel the registered gift deed for the reasons that you may rely upon.
2. Unfortunately, beyond three years from the date of execution of the registered gift deed, it cannot be challenged or cancelled as it is barred by limitation.
1.As per law, the limitation period for filing a case to cancel the registered gift deed is only 3 years from the date of execution/registered of Gift Deed.
2. No, you cannot challenge him anytime , i.e. out of limitation period .
- Since, your brother has taken the possession of the said property , by way of fraud/duress/coercion , hence, according to section 53 of the Transfer of Property Act, such possession is illegal and can be nullified by the court of law.
- According to section 17 of Indian Limitation Act, in such cases, the limitation period to file a case starts when the fraud has been discovered/ came to knowledge.
- Hence, under Sections 64 and 65, you are entitled to a period of at least 12 years of limitation after you discovered the fraud.
- Further , A Gift of immovable property, which is not registered, is bad in law and cannot pass any title to the donee. and the documents should be stamped and registered as required, and attested by two witnesses.
- So, if the said Gift deed is not registered before the Registrar in the presence of two witnesses , then also this Gift deed is having no value legally.
Good Luck and dont forget to rating Positively.
Dear Sir,
A gift deed, or rather any conveyance can be challenged in court on the basis of its legality subject to the law of limitation and proof of its illegality. You cannot prevent anyone from approaching the court of law.
The period of limitation starts running from the moment you have knowledge of the deed. If you do not approach the court within prescribed period of limitation to challenge the deed, your challenge will not be entertained.
If somehow the person is able to show that he had no knowledge of the gift till recent times and he has filed a suit within limitation, he will still have to prove that document is illegal.
So if both issues are satisfied then challenge would survive, otherwise it will fail.
Limitation for challenging a gift deed is 3 years from date of execution.
But you can file petition for challenging the gift deed on ground of undue influence and fraud by brother along with application for condonation of delay.
1.You can challenge the same. The limitation is not over. You can even file condonation of delay.
2. Yes you can
Are you From India or Pakistan??
3 years from the date of registration since it is executed under coercion, hence, voidable. Can file cancellation suit, No court fees.
You cannot challenge anytime but within given time and can win if able to prove coercion.
