Legal Query on cancellation of gift deed & marriage settlement

Q & A

Q 1. I have three step elder brothers A, B & C. They got a registered gift deed from their mother (my step mother) in 1975 which was actually purchased by my father capital in 1969. B & C given there part share to me vide registered Gift deed in 1985 (I was 3 years old). According to 'C' he was minor (16 years) according to his school mark sheet. Now B & C have filed a Title suit in Court in 2010 against me to kick me out of home. The case is still pending in competent court. The court ordered to put evidence. But I have given preliminary issue settlement petition against time limitation (as 27 years have been passed). I have a notice in Advocate letter head given by 'C' in 1989 to father regarding to cancel the gift deed. And after that no case has been executed. But in this case he is saying that he had no knowledge about his gift deed and father has cheated with him. 1. I want to know that is my gift deed can be cancelled ? & 2. Is there any validity of Title suit pending in court ?. Regards, N.J

Ans. Well, a gift deed can be cancelled by the court of law, if it is proved that, there is undue influence or fraud. However, 12 years is the period and the age of maturity ie 18 years, is considered to be crucial after any transfer of property, where a minor is involved.

In your case, your step brother B & C, gifted you the property. I can help you with the points you can use to fight your case, as giving mere legal opinion is not possible unless all documents are verified.

1. Since they were minors at that time, some elder must have signed on behalf of them, if not then how can they enter a legal contract?

2. If no action is taken within 12 years of such a transfer, then by adverse possession, you become the owner.

3. The said gift was not induced by you either by undue influence or fraud.

Based on the above, you have chances to win the case.

Q 2. My spouse is in India and working with Company and earning a handsome income. I have move to UK and she is refusing to join me and her father is asking 30 lakhs + car + jewellary as an alimony. Please advise should I fight the case as she is masters and working or should I give alimony for mutual settlement ?  RS

Ans. Settling issues mutually by mutual consent is always advisable rather than fighting in the court. As rightly understood by you, if you do not subject to her demands, she might file all sort of criminal cases against you like 498 A, DV Act etc. to get what she wants.  Which will delay your divorce, increase your expenses and probably put you in a negative bracket harming your USA residency.

Why not try and negotiate. Take help of near and dear ones or some good mediator or a marriage counselor. As advised above, do not aggravate the issue or allow others to control it.