Disputed Gift Deed
I am the Kartha of HUF family consisting my wife and two children as members. Assets are inherited agricultural property. I was employed and posted outside of the village where agricultural property is situated. By full consent my wife was managing the HUF property Cultivation in my absence for few years with other family relatives. The control and management of the affairs of HUF was situated in a distant village from Bangalore. As Kartha I had consented her to buy a residential site in Bangalore and registered in her name by using accumulated HUF property agriculture income in the year 1987-89 as this asset would be useful in future for our growing children to settle down in Bangalore. During that period both sons were minors. After a lapse of 20 years in the year 2009, without informing or consulting other members of HUF i.e. me or my sons (by then majors) my wife has executed a gift deed in favour of her own well to do brother (Donee) who was and is still owning several such properties in Bangalore. Now after six years in 2015, this has come to our notice. Wrong age and address of my wife (Donor) are shown in the gift deed that has been prepared by her brother a day earlier with false representation about the existence of a residential house in that vacant site. The Donor has included the expression of her heirs in the Gift deed without taking our consent. We, the father & sons are of the opinion that property made out of such ancestral inherited HUF agriculture property income/funds cannot be gifted without the consent of successors or other members of that HUF who had share in all such undivided earnings. My wife was not having any source of income or employment to acquire a property on her own and neither had she had any other property or income at the time of registering gift deed. Basically my wife is a weak willed, highly susceptible and wishy-washy person. Her Donee brother got the gift deed drafted on the previous day of registration by furnishing her false address, false age and has arranged two witnesses with false addresses as could be seen in the copy of Gift Deed. One of the witnesses is Donee’s wife who is also a beneficiary and will have right to share the donated property in future. The other witness also has vested interest in that gifted property. The Testatum of witnesses is doubtful. Please inform:
1. Whether we can get the gift deed revoked by a Court of Law on such ground?
2. What other legal options are available to reverse the transaction in the normal course?
3. Procedure to ascertain whether the gift deed is collusive.
4. Name Advocates from Bangalore available in your panel whom I can approach.