Please Suggest on Property Dispute as per Issue below??

Item 1:- 2 acres of agricultural land
Item 2:- 53 ankanams or 428 Sq.Yds of vacant plot

My grandparents bought 2 acres of agricultural land and 53 ankanams or 428 Sq.Yds of vacant plot on their own (not inherited or Ancestral property) around 30yrs back.

Note:- Grandparents have 3 daughters and a Son.
#~ My grandparents don’t have any other source of income or properties other than both items

In 2020 53 ankanams or 428 Sq.Yds vacant plot which was brought by my grandfather on his own (not Ancestral property) transferred to my grandmother through gift deed. Since 2020 both Items are in the name of my grandmother.

In 2021 both items transferred to their 2nd daughter through Gift deed which my grandmother didn’t even know she did that registration to her daughter.

In 2024 May, grandmother got to know regd. 2 Acres of land registered on her daughter’s name, she went to District registrar and did Revocation of gift deed solely, later in June 2024 she transferred it to her Son through gift deed as he is Paralysed and bedridden.

In 2024 August, grandmother got to know that 428 Sq.yds vacant plot is also in the name of her daughter as her 2nd daughter filed an Original suit for Permanent injunction stated as her Brother and Brothers wife are trespassing her property, sent notices to her Brother and Brothers wife. She didn’t involved her mother (my grandmother) in this original suite case.

Please Suggest on below:-
1. Suggest legal Procedure to cancel a gift deed given to daughter by mother??
2. If yes, how to proceed via civil court or RDO court as she is a Senior citizen(71yrs old)??
3. Is it comes under non-joinder of necessary parties?? (As she didn’t involved her mother in this case)
4. Will cancelled gift deed solely by my grandmother valid??
5. Will it come under section 23 of Senior citizens maintenance and welfare Act 2007?? (If yes, can we proceed in RDO court on this basis for Revocation of gift deeds)
6. As of now Junior civil court passed interim injunction, is an injunction maintainable between siblings family property disputes??
7. Can we add My grandmother as witness in this case or do we need to file for Revocation in court??
8. Is Web History and Office records of MRO office will be helpful for the counter??
9. In court marked documents her Daughter didn’t submitted any Passbook or other documents of Agricultural land??

Asked 5 months ago in Property Law

Religion: Hindu

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5 Answers

1) she has to make application to senior citizen tribunal for setting aside conditional gift deed . if it is unconditional gift deed then file suit

2) in alternative file suit to set aside gift deed on grounds of coercion

3) grand mother cannot unilaterally cancel gift deed

4) grand mother can make an intervenor application to be added as party to the suit

Ajay Sethi

Advocate, Mumbai

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A registered gift deed can be canceled under certain circumstances:

Donor's right to cancel: The donor, or person who gifted the property, can cancel a gift deed if they have a valid reason. Valid reasons include fraud, coercion, or the donee failing to fulfill their obligations.

Time limit; The donor must cancel the gift deed within three years of becoming aware of the reason for cancellation.

Cancellation process: The donor must file a petition in the relevant court, provide evidence, and obtain a court order.

Unilateral cancellation of the registered gift deed by your grandmother is not legally valid, your grandmother's daughter can file a suit for declaring the unilateral cancellation of the gift deed. as null and void.

A senior citizen cannot unilaterally revoke a registered gift deed. However, there are specific circumstances in which a gift deed can be revoked, including:

Fraud, coercion, or undue influence: A gift deed can be revoked if it can be proven in court that it was made under these circumstance.

A gift of property cannot be revoked or cancelled unilaterally but it can be revoked in specific circumstances. Accordingly, the 2022 gift deed may be revoked by you in three eventualities. First, if you can prove before a court that the gift deed was made by you in circumstances of fraud, coercion, or undue influence.

As per Indian laws, transfer of property by way of gifts are irrevocable or unchangeable and after the execution is complete, the same cannot be cancelled.

The Donor cannot rescind such transfer of property once it has been accepted by the Donee. However, if both the parties decide mutually that the gift shall revoked upon the happening of an event, it shall be deemed as a valid revocation.

Moreover, the law on voidable contracts, is also applicable to gift deeds. If any gift deed is obtained by any of the vitiating factors such coercion, fraud or misrepresentation then it will be voidable at the instance of the Donor.

T Kalaiselvan

Advocate, Vellore

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1. Sir, gift deeds are generally irrevocable, however, given the conditions mentioned in your query, you can go ahead with the revocation.

2. I would suggest you to approach the civil court rather than going for RDO, as the matter is already sub judice and filing a case other than the civil court will be barred by the principal of res-sub judice.

3. This can be a valid ground (inter-alia), for showcasing your bona fide to seek the revocation of the gift deed.

4. Yes, of course.

5. Already answered in point no. 3.

6. It is premature for me to comment on that without seeing the actual injunction order, but generally the injunction is imposed on the property and is applicable to all, irrespective of whether he/she is a party to the suit or not.

7. Well, you have to strategise that with your counsel my friend, you have both the options open to you, but a correct strategy needs to be implemented as to how to use the indulgence of your grandmother.

8. It depends as to what are we looking for from those documents.

9. Marked documents are not considered to be proven documents unless exhibited.

All the best!

Puneet Srivastava

Advocate, New Delhi

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Talk to Advocate Puneet Srivastava

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.