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Revoke a gift deed
11 months ago
My uncle gifted his part of the property via a registered gift deed, he is now forcing me to cancel the gift deed and trying to prove that the same was done by force, else he wants me to pay his regular expenses. He has got some sources and is continuously threatening me. Land was inherited by my father and his 2 brothers, where my father build a 2 storied house. Both my uncle were unmarried. Very recently my uncle got married at the age of 56. My other uncle expired (unmarried).
A.Dear client,
As long as the gift deed is legal, you are the rightful owner. You can legally pursue this case in court if required by using the gift deed as evidence to back your claim
As long as the gift deed is legal, you are the rightful owner. You can legally pursue this case in court if required by using the gift deed as evidence to back your claim
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A.Dear Client,
Once the title of a property is transferred to any person through a registered Deed of Gift it can not be revoked without the Order passed by a Civil Court on the proven fact that the Deed of Gift is executed by force or under undue influence. From the query, it appears that your father and your two uncles inherited the said property and as per the law of inheritance if the property is intestate then all the surviving legal heirs are eligible for an equal share in the said inherited ancestral property. Then without partition of the property, how can your uncle gift you a part of the shared property without the consent of other heirs of the said ancestral property? So, to revoke the said Deed of Gift, your uncle has to file a civil suit for revocation of said voidable deed of gift and face legal consequences for gifting a share of unpartitioned ancestral property. You may consult with an Advocate for guidance and steps in the matter.
Once the title of a property is transferred to any person through a registered Deed of Gift it can not be revoked without the Order passed by a Civil Court on the proven fact that the Deed of Gift is executed by force or under undue influence. From the query, it appears that your father and your two uncles inherited the said property and as per the law of inheritance if the property is intestate then all the surviving legal heirs are eligible for an equal share in the said inherited ancestral property. Then without partition of the property, how can your uncle gift you a part of the shared property without the consent of other heirs of the said ancestral property? So, to revoke the said Deed of Gift, your uncle has to file a civil suit for revocation of said voidable deed of gift and face legal consequences for gifting a share of unpartitioned ancestral property. You may consult with an Advocate for guidance and steps in the matter.
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Anonymous
Replied 11 months ago
Thanks for your response. My fathers elder brother expired , and the remaining 2 belongs to my father and his younger brother (donor) .
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