Shri Radha Krishan vs Shri B.K.Gupta on 26 March, 2025
2. It is further claimed that the defendant no. 1 fraudulently
obtained a Gift Deed dated 18.11.1988 from their mother, Smt. Ratan
Devi, claiming himself to be the sole owner of the said property. The Gift
Deed was undervalued at Rs.68,450 instead of its real worth of
Rs.3,00,0000 to evade higher stamp duty. The defendant no. 1 mutated
the property in his name and the plaintiff seeks its cancellation by
obtaining a decree from this court. It is alleged that the plaintiff came to
know about the said Gift Deed only on 21.07.1999 when he appeared in
another suit which was filed by the defendant no.1 against the plaintiff
(i.e. Suit No. 569/97 titled as Radha Kishan versus B.K. Gupta). The
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CS DJ 611266/16, CS DJ 611389/16 and CS DJ 12459/16 Page No. 4 of 23
plaintiff also averred that the aforesaid Gift Deed is a forged document as
Smt. Ratan Devi had no ownership right and the Will dated 28.01.1948
and its codicil dated 27.05.1958 granted her a lifetime residence right.