Cancellation of Gift Deed-Sale Deed
5 months ago
My Grandfather is having 3 child. My father being the eldest, one sister and one younger son (my uncle). Unfortunately my Grandfather passed away on Dec-2019 ,he is suffering from paralysis since April-May 2019 and was not well since then. My Grandfather staying with us since last 24 years untill August-2018 then he moved in my fathers sister house (my grandfather feels at that time that he will get better facilities in my fathers sister house). Now the WILL which was done in April-2019 is in favor of my fathers sister and we got a notice from court in 2021, and we challenged the Case is currently ongoing issues will be framed in the next hearinFg it is in the Karkardoma Court (we have our Lawyer for this case). When my Grandfather got admitted in hospital in April-May-2019 my fathers sister didnt told us about where our grandfather is admitted. We have to reached out to Police and they found the hospital where he admitted. It tooks weeks to find him. So we are thinking this has been done in some pressure. Here 75% of the belongings of my grandfather now belongs to my fathers sister and my father along with his brothers family challenged the Will. Also to the above my Grandfather was admitted in the hospital for months and he did a Gift Deed for one of the biggest Property in favour of my Fathers Sister (to note he was discharged from hospital and taken for the gift deed and after 2 days of this deed again admited to hospital) so have these proofs. Now my Fathers Sister sold that biggest Property to someone and they were chasing my Father and Uncle for NOC but we didnt signed any NOC , so they just sold that property in Oct 2022. My quesitons is below, 1. Can we challenge this Sale Deed ? 2. If we can challenge the Gift Deed then the Court will be huge(15 Lk) considering it was a big Property in Delhi, so is there any way we can have some remidiation to this as we cannot pay this much as court fees, But would like to have Justice ? This case needs to filed in Karkardoma Court. Please suggest me if anyone can help.
Cancelling a Gift:
Section 126 provides two modes of revocation of Gift:-
1. Revocation by mutual agreement:- A gift may be revoked upon the happening of an event which is not dependent on the donor where the donor and donee may agree. The revocation must be in express form and not of a wish or desire.
2. Revocation by rescission:- The gift is a transfer of ownership without any exchange of money or any consideration which is made voluntarily. So, where there is no free consent of the parties, the gift can be revoked or if it is obtained by coercion, undue influence or fraud then the gift is voidable.
CASE
“S. Sarojini Amma v. Velayudhan Pillai Sreekumar 2018 SCC OnLine SC 2200”
“In this case, the Supreme Court observed that there was no completed gift of the property which is in question to the respondent by the appellant and the appellant had right in cancelling the deed.”
Conclusion:
The Transfer of Property Act, 1882 lays down provisions relating to gift deed and cancellation of the gift deed. Any person who is the real owner of the property can transfer his or her property to anyone by way of gift. A gift deed actually says that any person who is the owner of the property can transfer the property to another person without any consideration. Similarly, there are provisions for cancellation of the gift deed as well.
As regards Q, No,1) 1. Can we challenge this Sale Deed? Res[pmse -You can challenge the sale deed before the Civil Court praying for cancellation of the sale deed on the grounds of fraud, coercion or undue influence. Q- 2) If we can challenge the Gift Deed then the Court will be huge(15 Lk) considering it was a big Property in Delhi, so is there any way we can have some remediation for this as we cannot pay this much as the court fee? You can file a civil suit for declaration before the Civil Court. You can also approach the state legal services authority or Dist. Legal services authority if you are eligible as per Sec. 12 of the Legal Services Authority Act.
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