Suit for Cancellation of Deeds of Gift

 

DISTRICT : SOUTH 24- PARGANAS.

 

 

IN THE COURT OF ………….. AT ALIPORE

 

                                               

                                                       Suit for Cancellation of Deeds of Gift.

 

                                                          ……….. Case No- ………… of  2016;

 

Smt. Krishna Biswas, wife of Late Bhabendra Nath Biswas, of premises no. 30, Jheel Road (Bank Plot) having Mailing Address  2/P/52, Jheel Road, Bank Plot, Post Office- ………………., Police Station- Garfa, Kolkata -700075.

…….Plaintiff.

                   Versus

 

1)             Sri Malay Kumar Biswas, son of Late Bhabendra Nath Biswas, having permanent address at 30, Jheel Road (Bank Plot) having Mailing Address  2/P/52, Jheel Road, Bank Plot, Post Office- ………………., Police Station- Garfa, Kolkata -700075, at present residing at B-104, Pruthvi Tower, Jodhpur Gam Road, Satellite, Ahmedabad- 380015, Gujarat.

          … Defendant.

2)             Sri Monoj Kumar Biswas, son of Late Bhabendra Nath Biswas, of 30, Jheel Road (Bank Plot) having Mailing Address  2/P/52, Jheel Road, Bank Plot, Post Office- ………………., Police Station- Garfa, Kolkata -700075.

3)             Sri Samir Kumar Biswas, son of Late Bhabendra Nath Biswas, having permanent address at 30, Jheel Road (Bank Plot) having Mailing Address  2/P/52, Jheel Road, Bank Plot, Post Office- ………………., Police Station- Garfa, Kolkata -700075.

4)             Smt. Jayasree Biswas, wife of Sri Samir Kumar Biswas, of son of Late Bhabendra Nath Biswas, having permanent address at 30, Jheel Road (Bank Plot) having Mailing Address  2/P/52, Jheel Road, Bank Plot, Post Office- ………………., Police Station- Garfa, Kolkata -700075.

… Pro-forma Defendants.

The humble petition off the Plaintiff most respectfully Sheweth:

 

1.     That the Plaintiff is a citizen of India and has been residing at the address given in the cause title of this application.

2.     That the plaintiff owns a three storied building at  30, Jheel Road (Bank Plot) having Mailing Address  2/P/52, Jheel Road, Bank Plot, Post Office- ………………., Police Station- Garfa, Kolkata -700075.

3.        That the Plaintiff is now 81. She has already lost her husband. She has been suffering from cancer. She has three sons. Defendant no 1 and pro-forma defendants no. 2 to 3 are her sons, while pro-forma defendant no. 4 is her youngest daughter in law.

 

4.     That to avoid future litigation and quarrel over inheritance of her said house, and to keep future peace and good relationship amongst her three sons, the Plaintiff in 2006, vide Deed of Gift being no. 05106, registered before the District Registrar at Alipore, gifted the flat measuring about 715 square feet on the First floor of her said residence to her second son Sri Monoj Kumar Biswas- the pro-forma defendant no. 2. The other flat measuring about 415 square feet remained in her name and possession. For the same purpose, the entire second floor of her residence was gifted to her eldest son Sri Malay Kumar Biswas- the defendant no.1 in 2012, by a Deed of Gift being no. 08812, registered before the District Registrar at Alipore.

5.     That the defendant no. 1 stays in Gujarat. He is out of Calcutta for a long time. He does not take care of the Plaintiff. In the second week of July, 2014 he had come to the residence of the Plaintiff in Calcutta and stayed there for some days. He dissuaded the Plaintiff to go with him in Gujarat for a change of environment for her good health. The Plaintiff was very pleased with such proposal. It was unexpected, as before that occasion, she was never taken care of, for a single instance, by defendant no. 1. She was convinced; belatedly the defendant no. 1 has started showing responsibility. Defendant No. 1 took the Plaintiff to high confidence.

6.     That favoured by such confidence of the Plaintiff, the defendant no. 1 requested her to make some corrections in the Deed of Gift for the year 2012 for proper enjoyment of the portion  gifted to him. The Plaintiff agreed to do the corrections. On 19.07.2014, the defendant no. 1 took the Plaintiff to the Office of the Registrar of Assurance, in Calcutta for executing a Deed for correction. The said Office was unknown to her. The Plaintiff was compelled to sign in some documents and appeared before the Registrar and performed all the formalities.

 

7.     That the Plaintiff has recently decided to gift the entire ground floor of her house to the pro-forma defendant no. 3 and 4 as she already gifted the second floor to the defendant no. 1 and the portion of the first floor to the pro-forma defendant no. 2.

8.     That for preparing the Deed of Gift to be executed in favour of the pro-forma defendant nos. 3 and 4, the Plaintiff contacted with her lawyer and told the previous history of her said house. She was advised to make searching in the Registry Offices.

9.     That after obtaining the searching reports on 09.08.2016, it has been revealed that on 19.07.2014, the Plaintiff had executed three Deed of Gifts bearing nos. 06552, 06553, and 06554 registered before the Registrar of Assurances-I, Kolkata  in favour of the defendant no. 1 and in doing so, the entire ground floor and the portion of the first floor which remained in her name after the previous Deed of Gifts for the year 2006 and 2012 respectively, have been transferred to defendant no. 1.

 

10. That such information was shocking to the Plaintiff. She never asked the defendant no. 1 to do this. She has been cheated, deceived and tricked by defendant no. 1.  

 

 

11. That the Plaintiff has no intention to deprive his youngest son and his wife- the pro-forma defendant nos. 3 and 4 respectively who are taking care of her for a long time and in absence of both the defendant no. 1 and pro-forma defendant no. 2 in Kolkata, she stays with them for a pretty long time.

 

12. That the plaintiff states that she has been induced by the undue influence of the defendant no. 1 because of her age, illness and relationship with him. The three transactions bearing nos. 06552, 06553, and 06554 made before the Registrar of Assurances-I, Kolkata are unnatural and unconscionable and it amounts to fraud. 

 

 

13. That the plaintiff was convinced by the defendant no. 1 to make necessary corrections in the previous Deed of Gift bearing no. 08812 for the year 2012 registered before the District Registrar at Alipore. So, what has been done on 19.07.2014 by the Plaintiff was on the impression that only correction of the said Deed bearing no 08812 for the year 2012 had been made. But she had no intention to execute the said Deeds of Gift in favour of the Plaintiff no. 1. Had she knew the ill motive of defendant no. 1, she would not have executed those three Deeds of Gift in 2014.

 

14. That both the defendant no. 1 and the pro-forma defendant no. 2 are financially sound. The pro-forma defendant nos. 3 and 4 are financially very week. Both the defendant no. 1 and the pro-forma defendant no. 2 know that after demise of the Plaintiff, neither pro-forma defendant no. 3 nor 4 will be able to challenge the said three Deeds of Gift for the year 2014. As a result pro-forma defendant nos. 3 and 4 will be out of the property.  

 

15. That the said three Deeds of Gift for the year 2014 were not executed by the Plaintiff out of free will. Those are the products of conspiracy of the defendant no. 1. Those were not fair transactions. The Plaintiff does not want to deprive pro-forma defendant nos. 3 and 4 from getting share of her property, specially when the other defendants have been given their respective shares earlier. By exerting  undue influence, the defendant no. 1 falsified to the Plaintiff and obtained her signature and thus said three Deeds of Gifts bearing nos. 06552, 06553, and 06554 made before the Registrar of Assurances-I, Kolkata executed on 19.07.2014 are required to be cancelled.