Claim to Property
Recently my father gifted me land and house (stamped and duly registered) as love and affectionate. Earlier my grandfather owned the land, who then purchased from another owner about 80-90 years ago. My Grandfather expired without giving any will or gift to his two sons and five sisters. Later on, five sisters signed no objection (power of attorney) and this land and house was partitioned with equal half with my father and this elder brother with stamped and duly registered. Since, now my father gifted me this land and house to me, my two elder sisters are provoking father to get back the land and file a case that the gift was done forcefully. Since they did not get any part of land they are abusing me too. They are married and well settled. I have another married elder sister who is mentally ill a(no divorce) and stays with us (myself, my spouse and two kids) along with her 34 yr daughter and I take care for all of them along with my 84 yrs old father. My mother expired 4 months earlier. Can this deed be revoked? Is the deed legal? What are the consequences that can arise? What further steps shall I follow now? My father is too old enough to file any case.
Generally a gift once given is final in law and cannot be revoked unless by consent of the person receiving the gift. The other way is by challenging the gift deed on account of fraud or forgery, which is unlikely because statements of persons gifting are generally recorded nowdays before the sub-registrar's office. You are on legally sound ground but there is no bar against a person filing a false case.
In this case, the gift deed can be revoked by the court if the court is satisfied with the contention of your sisters. Now, in the present case if they are claiming that the deed is made forcefully it will come under the Section 16 of Indian Contract Act, 1872 which deals contract with undue influence and the burden of the proof will be on your sister to proof that deed is made forcefully. Therefore, you don't need to worry about this and in case if they are able to proof then you have also the option to proof with the help of witnesses who were present when the deed was made. however, if you are not able to proof then the deed will be revoked and the property will be divided equally.
Researcher: Jayant Garg
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