Deepak Gupta vs Mr. Ajay Gupta on 28 March, 2022
THE COURT OF MS. SHIVALI
Deepak Gupta vs Mr. Ajay Gupta on 28 March, 2022
THE COURT OF MS. SHIVALI
read the same; that he executed
the gift deed due to misrepresentation and undue influence on the part
of BPS at the time ... plaintiff's contention that he executed the gift deed
owing to misrepresentation and undue influence on the part of BPS and that
gift deed.
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The second part of the issue is whether the gift deed
had been obtained by fraud, undue influence and
deception as claimed ... does not
explain how his signatures appear on the gift deed if the gift
deed was the paper that was handed over
filed a suit for
declaration against his mother under the undue influence of
defendants no.1 to 3 but she agreed for mutual compromise ... Gift Deed. It is alleged that this
Gift deed is executed under undue influence. This Gift deed
is a registered document and has legal force
sale
deed is concerned and the rights emanating therefrom in
favour of registered owners.
Gift Deed
37. Then defendant has challenged the Gift Deed
dated ... pleads so.
41. The gift deed so executed was not a revocable gift
deed. Such a gift deed is not revocable solely on the
donor
minimum of Rs.55 Lakhs.
xii. The said gift deed is vitiated by undue influence,
coercion and by sheer exploitation of the fiduciary
relationship that ... monumental undue influence & coercion
upon Late Ram Lubhaya Kohli and forcing and
blackmailing him to execute the said gift deed. The
said gift deed
execute impugned
gift deeds. Secondly, Ex.P-13 and P-14 i.e. impugned gift deeds bears forged
and fabricated thumb impressions of Late ... false, forged and
fabricated documents in form of alleged gift deeds". Thus, undue influence is
the part of pleadings and there
also argued that plaintiff
signed the gift deed Ex.PW1/X2 under undue influence of defendant
no.1. It is pertinent to mention ... suggest that plaintiff has signed the gift deed Ex.PW1/X2 under
'undue influence' of defendant
case that the gift deed dated 05.04.2013 is an
outcome of planned connivance, conspiracy and undue influence with
the aid and assistance of henchmen ... feeble mind of her
late husband got the impugned gift deed executed by exercising undue
influence.
48. It is the pleaded case of the plaintiff