Need advice on a property dispute in West Bengal.
Hi everyone, I am seeking legal opinions regarding an ongoing property dispute in WestBengal. The case involves an inherited multi-unit building constructed on regularized government/colony land. I want to hire an independent advocate but need some initial perspective on our strategy.
The Core Setup:
* Ownership: The land was originally in my late grandmother’s name. It currently stands jointly mutated among the heirs of her 5 late sons. There is no registered Partition Deed yet. An active Title Suit for Partition has been pending in court for 10 years.
* My Title:
15 years ago, two family members(My mother and sister) jointly executed and registered a Gift Deed, transferring their collective undivided shares in my late father's portion to me.
The Current Complications:
Errors in My Deed: We recently discovered that my 15-year-old registered Gift Deed contains a major directional/boundary error and an incorrect total area.
Donor Status Changes:
* Donor 1 is now elderly and mentally unstable/cognitively unfit to execute any new legal contracts.
* Donor 2 has suddenly turned hostile. They refuse to sign any out-of-court rectification paperwork and are demanding cancellation of the 15-year-old registered Gift Deed.
My Questions for Legal Experts:
Can a Court Decree "Cure" My Deed?
Is the Threat to Cancel the Gift Deed Time-Barred? Can Donor 2 legally challenge or cancel a registered Gift Deed after 15 years, especially when they stayed silent during 9 years of active public litigation?
Is there any chance I will be forced to go ahead with the cancellation because of the errors in the gift deed and and thus have to hand over 50% of the share to donor 2 if donor 1 passes away?
Thank you in advance for your valuable insights