Challenge the gift deed revocation. File a criminal case/ lodge an FIR for fraud and forgery against your uncle (I believe).
Gift deed revocation
Hi, My mother got a gift deed property from his father in the year 2006, and on multiple occasions my mother used this property for mortgage couple of times in the year 2008 & 2015, after my grand father became ill who was mentally unstable in year 2016 where my grandfather son took this opportunity and revoked gift deed without our consent, and we got no comms from register office it was unilateral cancellation we only to know in the year 2022, In the government records we still posses our name like in aadangal. And His son now created a will using my grandfather thumb print where it states that he is now in posses of this land ( he was an educated can sign well ). We did raised a case with court, when we are going to our land police people are interfering as its not your land that your gift deed is cancelled and the property is in his name, I need some solution to stop his son entering in our property and a strong action needs to be taken against him. Any suggestion and fast track process please
Asked 17 days ago in Property Law
Religion: Hindu
23 Answers
File suit to set aside unilateral cancellation of gift deed and for declaration that mother is absolute owner of property
2) enclose medical reports that grand father is mentally in for
3) seek injunction restraining your uncle from selling the property
Will is forged and unilateral cancellation of WILL is void. Gift deed will prevail. You can file police complaint against him and can also obtain injunction from court.
Thanks all, Court is not providing any sort of injunction and the temporary injection order they've declined. Since the case is running in lower court is there any fast track process on this matter as my uncle is plucking the coconuts from the farm every often and when we do approach to police for the same they're not taking any action, how to make sure I keep in check for both the uncle and police who are supporting ( potentially they're getting paid by him )
Asked 17 days ago
File FIR through court and appeal before appellate court for temporary injection
File appeal against court order refusing to grant any injunction
Thank you, Is there any other option for me to restrict him legally as I know In India it takes good no of years to get a case to be processed,
Asked 17 days ago
Nothing like that and this is it the only option. Hire good lawyer.
If your mother is senior citizen she can seek expedited hearing
There is only one option left, if the civil court is not passing any injunction order in your favour. You file a criminal complaint case under Sec. 175 BNSS and generate a criminal case against your uncle.
The period to revoke gift is inly three years so gift cannot be revoked in 2016. grandfather son has no right to revoke ir cancel gift. Act of son is illegal.
As [er section 126 , a gift cannot be revoked except in the cases mentioned earlier. The said exceptions are three in number; the first part provides that the donor and donee may agree for the suspension or revocation of the gift deed on the happening of any specified event which does not depend on the will of the donor. Secondly, a gift which is revocable wholly or in part with the agreement of the parties, at the mere will of the donor is void wholly or in part as the case may be. Thirdly, a gift may be revoked if it were in the nature of a contract which could be rescinded.
If the circumstances as mentioned above applies in your case then only the gift can be revoked, else not.
If the gift deed was revoked unilaterally then you can file a suit for declaration to declare the unilateral revocation as null and void and also for recovery of possession.
You may have to explain the reasons for delay to file this suit convingly.
The police will not entertain the complaint since it is a civil matter.
Without seeking a decree to declare the unilateral revocation as null and void there is no remedy for injunction.
You have to file a proper suit in the court competent.
Just a mere injunction suit will not fetch you any favorable result to you.
In the suit for declaration you can file an application for temporary injunction restraining him from indulging in the activities that would harm your interests.
It will take time for the civil suit to get disposed.
Thank you, One day my mother went to the village along with her mother and elder sister to visit the property which was our as gift deed taking it advantage my uncle used his influence at police made a compliant and police issues FIR under section of IPC 34, 448 and 427 we filed quash petition at HC, can we take notice at the police station for station bail or wait till HC judgement please
Asked 17 days ago
You can apply for bail
then wait for HC verdict on your quash petition
Bail has nothing to do with your quashing proceeding
Your question isn't clear sir.
This is minor charges, wait for HC order.
It is advisable that you first obtain bail from police station and then continue with your quash case before high court.
Dear Client,
In the Present Scenario, your mother received a property through a gift deed from her father in 2006. Thereafter, the property was used by your mother as collateral for mortgages. However, subsequently, in 2016, after your grandfather became mentally unstable, his son revoked the gift deed without your consent. This revocation happened unilaterally, and you were not informed by the registration office about the same. Further, in the government records, your family’s name is seemed to be considered as the rightful owners of the property. However, you contend that, your grandfather's son has created a will, and used your grandfather’s thumbprint to claim for possession of the property. Herein, under the Indian law, a gift deed usually, when registered, would be irrevocable except under certain exceptional circumstances. Hence, a revocation unilaterally, would be invalid. Further, the will alleged to be created, would be invalid under the Indian Succession Act. Additionally, police may not be able to interfere in your right to property, unless there is a court order for the same. Hence, it is suggested that, you may challenge the validity of the will, file a suit for contesting the revocation of the gift deed, seek any interim reliefs from the court, file a criminal complaint for fraud and forgery, and approach the relevant authorities, including the court, for the same.
Hope you find this answer beneficial for resolving the dispute.
You need to challenge the revocation in court and seek stay
- If this gift deed was registered , then it cannot cancel even by her father and specially a court order.
- Further, the registrar has no power to cancel a registered gift deed in the absence of a court order.
- Your mother can file a complaint before the police and higher official against the son for the offence of trespassing and grabbing the property .
- If police is not taking action , then file a complaint before the judicial magistrate
- Further, your mother can also file a Declaration and Injunction suit before the Court for declaring owner of the property and to restrain them to interfere\trespass in the possession of your mother in the property.
