• Cancellation of gift deed

IN YEAR 94 my grandma with her two sons purchased property140yrds in hyd on her name .In 2001 her daughter came in house and filed a prepitual injuction on her two brothers to not evict her from house and the case was dismissed and decree got in favour of two brothers and they evicted their sister from house. And again in 2005 my granny executed registerd gift deed in favour of her elder son and filed case against my father who is younger son.in cross ex she stated that this house is purchased with the funds of my elder son not joint family funds i too didnt invested one paise in this so i gave his house to him return back.. And we also filed a suit for partition to make it three shares.And decree got in favour of my granny and her elder son and court ordered young one to hand over the possesion to them. And we went for appeal .while matter stood my granny was kicked out by her elder son then she came to us and she took complete u turn against elder son and filed case os on her two sons that cancelling gift deed. And in appelate court in the stage of arguments she supported younger one and filed arguments against his elder son. And now it is reserved for judgements.While these all going she went for tribunal court under senior citizen act and filed case against two sons for evection and to cancel the giftdeed .the tribunal doesnt cancelled gift but orderd that two sons should evict the premises and hand over to my granny. But the orders came 1 month ago but still elder is not evecting house and not allowing her to live in her house. The police is not coming to evict them and mro is also not coming to evict them from house.even it is clearly stated in orders that mro and policeSHO is directed to evict their two sons from house and handover to that old lady and take necessary actions.How should we proceed now next plzz let me know.not only about rdo orders but also in court procedure.and what will be the next going in courts
Asked 3 years ago in Property Law
Religion: Hindu

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8 Answers

Kindly clarify whether attention of senior citizen tribunal was drawn to court order wherein decree was passed in favour of elder son and granny 

 

2) appeal against said order is pending in HC

 

3) wait for judgment to be passed in appeal 

 

4) then decide your next course of action 

Ajay Sethi
Advocate, Mumbai
100092 Answers
8174 Consultations

- As per law, she can evict son from her property due to mistreat , and even can cancel the gift deed executed by her 

- Further, if the appeal is pending before the HC , then the police or other tribunal cannot take any legal action against two sons.

Mohammed Shahzad
Advocate, Delhi
15881 Answers
244 Consultations

Gift deed executed in 2005 can be revoked only within 3 years. In present case gift executed in 2005 cannot be revoked now as period of limitation has expired. The earlier case filed by grand mother will be used against her claim of ownership. Your point that "in cross examination grandmother had stated that the house was purchased with the funds of her elder son" does not create any right or title in favour of elder son nor his children as the said funding is barred by Benami Transaction Act. Tribunal under senior citizen Act does not have power to decide civil rights. In compliance of order and to get executed the tribunal order, an execution petition can be filed. 

Siddharth Srivastava
Advocate, Delhi
1552 Answers

As the tribunal passed an order to evict her two sons from the property, she can file an execution petition to evict them from the house through the assistance of police and to provide police protection during the process of eviction being carried out by court ameen.

The judgment of the pending case before civil court has nothing to do with the orders already passed by tribunal, if at all the other party is aggrieved, he has to get the orders cancelled in view of the court order in his favor.

T Kalaiselvan
Advocate, Vellore
90295 Answers
2513 Consultations

File contempt application in tribunal against mro and concern SHO for not complying the order of the tribunal. When notice will issue, out of fear, police will aid to vacate the property.

Or application in same tribunal to order SHO to get the property vacated within 2 3 days or immediately. 

Cancellation of gift possible on the ground of undue influence and fraud.

Yogendra Singh Rajawat
Advocate, Jaipur
23086 Answers
31 Consultations

You need to appeal against the order in writ for cancellation. But if they are evicted then you don’t have to go in appeal they will go in appeal you can put your case in their appeal also

Prashant Nayak
Advocate, Mumbai
34753 Answers
252 Consultations

Dear Sir,

Cancelling a Gift:

Section 126 provides two modes of revocation of Gift:-

  1. Revocation by mutual agreement:- A gift may be revoked upon the happening of an event which is not dependent on the donor where the donor and donee may agree. The revocation must be in express form and not of a wish or desire.
    Revocation by rescission:- The gift is a transfer of ownership without any exchange of money or any consideration which is made voluntarily. So, where there is no free consent of the parties, the gift can be revoked or if it is obtained by coercion, undue influence or fraud then the gift is voidable.

CASE                                                                              

S. Sarojini Amma v. Velayudhan Pillai Sreekumar 2018 SCC OnLine SC 2200

“In this case, the Supreme Court observed that there was no completed gift of the property which is in question to the respondent by the appellant and the appellant had right in cancelling the deed.”

Conclusion:

The Transfer of Property Act, 1882 lays down provisions relating to gift deed and cancellation of the gift deed. Any person who is the real owner of the property can transfer his or her property to anyone by way of gift. A gift deed actually says that any person who is the owner of the property can transfer the property to another person without any consideration. Similarly, there are provisions for cancellation of the gift deed as well.

 

Kishan Dutt Kalaskar
Advocate, Bangalore
6250 Answers
502 Consultations

Dear client,  

Regarding the orders from the tribunal under the Senior Citizen Act: If the tribunal has issued orders directing the eviction of your father and his brother from the premises and handing over possession to your grandmother, you may need to enforce those orders. You can consult with your lawyer about the specific procedure for enforcement, which may involve approaching the local authorities, such as the police or the Revenue Divisional Officer (RDO), to carry out the eviction. Your lawyer can guide you on the appropriate steps to take and help you navigate the legal process.

Regarding the ongoing court proceedings: If there are pending court cases related to the property, it's important to continue with the legal proceedings and follow the instructions of your lawyer. The final outcome will depend on the arguments presented, evidence submitted, and the interpretation of the law by the court. It's essential to have legal representation to ensure your interests are protected and your rights are advocated for effectively.

In general, it's important to maintain clear documentation of all legal proceedings, court orders, and communication related to the property dispute. This will help your lawyer assess the situation accurately and provide you with appropriate advice.

Given the complexity of your situation and the ongoing legal proceedings, it is strongly recommended that you consult with a qualified lawyer who specializes in property law or civil litigation. They will be able to provide you with specific advice based on the laws applicable in your jurisdiction and the details of your case

Anik Miu
Advocate, Bangalore
11114 Answers
125 Consultations

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