Gift deed was executed 20 years back 

2) when did you become aware of fraudulent gift deed 

3) suit to set aside gift deed has to be filed within period of 3 years of discovery of fraudulent gift deed 

You have good case on merits 

sale deed can be set aside as only 75 square yards gifted and not 750 yards 

You have to prove that donor was not of sound mind or executed under coercion or undue influence 

Basically the property was acquired by a registered gift deed and the extent of property gifted was only 75 sq yards.

If the donee had subsequently transferred 750 Sq yards instead of 75 Sq yards then it is not valid 

Moreover somebody has filed a suit for partition immediately on the next year of execution of gift deed, if the suit has not been disposed yet then you may have wait for the disposal.

The gift was challenged within three years from the date of its execution hence it is very well within the time limit.

The gift deed can be challenged and the suit for revocation is also maintainable because of the gross error in the extent of the property.

No need to file fresh suit as you have challenged gift deed 

I presume you have also challenged sale  deed 

Continue with the partition suit; it covers ownership issues. Cross-examine the donee to prove misrepresentation. If fraud is established, the court can set aside the excess transfer. No need for a new case.

For detailed, personalized advice, consider a phone consultancy. Hope you find the information helpful. You are free to contact me for further discussion. If you could spare two minutes of your time to write a review, it would be greatly appreciated and bring immense happiness to read it. Thank you. Shubham Goyal.

Hi, 

As per gift deed, it there is mention of 75 Sq. Yds only then that person can create conveyance deed of more than that. The case is fit for challenge. 

Yes it can be revoked for fraud and misrepresentation by filing suit 

Since the gift deed was challenged in 2006 in a partition suit, the issue of ownership and misrepresentation can be addressed within the same suit, provided the pleadings already raise concerns about fraud and misrepresentation. If the existing partition suit does not explicitly cover the validity of the gift deed, you may need to amend the pleadings to incorporate these claims.

Legal Grounds for Challenging the Gift Deed

1. Fraud & Misrepresentation (Section 17 of Indian Contract Act, 1872)

   • If the donor was under the impression that only 75 sq. yds were being gifted, but the conveyance deed later reflected 750 sq. yds, it could be a case of fraud or misrepresentation.

2. Lack of Donor's Consent (Section 122 of Transfer of Property Act, 1882)

   • A valid gift requires the donor’s clear and voluntary intention. If he mistakenly believed he was gifting only 75 sq. yds, the gift might be voidable.

3. Non-Delivery of Possession

   • If the donor never intended to gift 750 sq. yds and the donee took possession beyond 75 sq. yds, this could indicate unauthorised occupation.
     

4. Partition Suit’s Role

   • Since ownership is already an issue in the partition suit, the court may adjudicate the validity of the gift deed in that case itself.
   • If the partition suit does not question the gift deed’s validity on fraud/misrepresentation, you may need to file a separate suit for cancellation of the gift deed under Section 31 of the Specific Relief Act, 1963.
     

Best Course of Action

1. Check Pleadings in the Partition Suit

   • If fraud/misrepresentation is not explicitly mentioned, file an amendment application under Order 6 Rule 17 CPC to include these grounds.

2. Challenge the Conveyance Deed

   • The conveyance deed executed in 2011 (after the donor’s death in 2009) may be legally questionable if it was based on an incorrect gift deed.

3. Obtain Documentary Evidence

   • Get certified copies of the gift deed, conveyance deed, revenue records, and property tax payments to prove the fraudulent undervaluation.

4. Cross-Examine the Donee

   • Since the donee has not yet been cross-examined, your lawyer should focus on exposing the contradictions and misrepresentation regarding the area of the gift.

• If the partition suit already covers the ownership dispute, continue pursuing it by amending pleadings to include fraud/misrepresentation.
• If ownership is not a direct issue in the partition suit, file a separate suit for cancellation of the gift deed.
• You can also challenge the 2011 conveyance deed, as it was executed after the donor’s death and based on an allegedly fraudulent gift deed.

Would you like assistance in drafting an amendment application or a fresh suit for cancellation of the gift deed?

Thanks and Regards,
Advocate Aman Verma
Legal Corridor

- As per law , once the gift deed is registered then it cannot be cancelled without a valid reason and after the demise of the donor. 

- If the said gift deed is registered for only 75 sq.yds out of 750 then this cannot be challenged on the ground that it was wrongly mentioned less portion of land. 

- Further, as the donor registered the gift deed for 75 sq.yds in 2005 and died in 2009 ,it means that the gift deed was challenged during his life time. 

- Since, there is already a Partition suit is pending before the Court then another case on the same cause of action not maintainable. 

First you may watch the developments in the case, in the event of any further necessity, you may discuss with your advocate to file either a suit for partition or declaration  based on the circumstances

Dear Client,

Since the gift deed (2005) mentioned an area of 75 sq yds, whereas the conveyance deed (2011) states 750 sq yds, and the donor (V’s father) passed away in 2009, the discrepancy in the arearaises concerns of either fraud, misrepresentation, or mistake. If the donor intended to gift only 75 sq yds, but the donee later obtained a conveyance deed for the full 750 sq yds, this can be challenged in court. Given that the partition suit was already filed in 2006, the issue of ownership and validity of the gift deed can be addressed within the same case rather than filing a new one. Since ownership is already in dispute, and the donee has yet to be cross-examined, this presents an opportunity to challenge the validity of the gift deed during trial. A gift deed can be revoked on grounds of fraud or misrepresentation if it is proven that the donee misrepresented the area to avoid taxes or gain an unfair advantage. Additionally, if the donor had other children and did not intend to gift the entire 750 sq yds, the court may consider whether the donor’s consent was obtained with full understanding. The best course of action is to continue pursuing the partition suit, ensure that the discrepancy in area is raised during cross-examination of the donee, and argue that the gift deed was either fraudulently executed or based on a misunderstanding, making it invalid. Since the gift was challenged within a year, this strengthens the claim, and the partition suit can address the issue without needing a new case, provided ownership and the validity of the gift are already part of the pleadings. Given the complexity of the matter, engaging a property lawyer to handle the cross-examination and legal strategy will be crucial in proving fraud or misrepresentation.