Your case presents a complex property dispute, primarily revolving around revocation of a gift deed, the rights of a senior citizen, and questions of necessary party involvement. Here's a general guide for each issue based on similar cases in property law, particularly focusing on gift deeds and senior citizen protection laws:
1. Legal Procedure to Cancel a Gift Deed Given to the Daughter by the Mother
- A gift deed is generally irrevocable, but it can be canceled if it was executed under undue influence, fraud, or misrepresentation. Since your grandmother claims she wasn’t aware of the gift deed registration, you may need to:
- File a civil suit challenging the gift deed’s validity in the appropriate civil court.
- Provide evidence of your grandmother’s lack of awareness or possible coercion during the registration process.
- Given her age, you could file a petition under the Maintenance and Welfare of Parents and Senior Citizens Act, 2007, to argue undue influence and secure her rights to the property.
2. Civil Court or RDO Court Due to Senior Citizen Status
- The Maintenance and Welfare of Parents and Senior Citizens Act, 2007, allows senior citizens to revoke gift deeds if they were executed under coercion or if the recipient fails to care for the elderly grantor. This process is usually managed by the RDO (Revenue Divisional Officer) court.
- Initiate proceedings under Section 23 of the Act at the RDO court, citing her senior status and lack of consent. This process may offer faster relief than the civil court.
3. Non-joinder of Necessary Parties
- The daughter’s suit without including your grandmother as a party may be seen as a case of non-joinder of a necessary party, especially since your grandmother has an interest in the land.
- Your lawyer can file a motion to dismiss or challenge the suit based on non-joinder, arguing that your grandmother is an essential party whose interests are directly affected by the property.
4. Validity of the Gift Deed Revoked Solely by Your Grandmother
- A gift deed revocation is typically effective only if done by a court or RDO order. Therefore, the sole revocation by your grandmother may not hold unless it follows legal procedures.
- You’ll need to validate the revocation by initiating a court process, especially if the daughter challenges it. Supporting evidence of your grandmother’s lack of awareness at the time of the gift deed may help the court see grounds for revocation.
5. Applicability of Section 23 of the Senior Citizens Act, 2007
- Section 23 provides grounds for revocation if a property transfer to children is conditional upon their care, and they fail in this duty. Based on this, the RDO court can indeed revoke the gift deed if the daughter neglected or failed to support your grandmother.
- Since this falls within the Act, you could proceed through the RDO court under this provision, especially as it can offer a more streamlined process than civil court.
6. Injunction Between Siblings in Family Property Disputes
- Injunctions can be requested in family property disputes if there’s evidence of trespass or other improper interference. However, if your grandmother is the true owner, her interests should supersede those of her children in the injunction proceedings.
- Your lawyer might challenge the interim injunction in court by arguing your grandmother’s ownership or by presenting the revocation and her current intentions regarding the property.
7. Adding Your Grandmother as a Witness or Filing for Revocation
- Your grandmother can be added as a necessary party or a witness in the daughter’s case, especially as her legal and beneficial interests are directly impacted.
- Additionally, filing an independent revocation action, possibly combined with her case under the Senior Citizens Act, may strengthen her position and highlight the undue influence in court.
8. Use of Web History and MRO Office Records for Counter
- The MRO office records and web history may be useful in showing that your grandmother had no intent to transfer the property. If these records indicate inconsistencies in the transfer or reveal that she was unaware, they could strengthen your counterclaim.
9. Absence of Passbook or Documents by the Daughter
- The daughter’s failure to submit official documents for the agricultural land may weaken her claim. The absence of the passbook could raise questions about her legal claim and intent.
- Bring this up with the court as part of your grandmother's counter, as this documentation is often crucial in establishing legal ownership.
In summary, it seems appropriate to proceed by challenging the gift deed in the RDO court due to her senior status and invoking Section 23 of the Senior Citizens Act. Also, consider approaching civil court to tackle the injunction and non-joinder issues while presenting strong evidence for your grandmother's claims.