Any deterimental effect of my previously recorded statement in the gift deed to my parents.
satish Mahla
(Querist) 17 August 2014
This query is : Resolved
Please Input your Best & expert Advice !
We were residing away from my hometown(close to my in laws place) and I was posted away so I made the GPA on my mother`s name so that my parents can look for better tenant and sign the rent agreement in our absence but in Era of rapidly deleting social & moral values,my wife joined hands with her greedy parents and had the desire to settle permanently close to them.
In fact my wife had expressed her inability to look after the hometown house with the malafide intention to sell the house but with positive attitude I made GPA on my mothers name being unaware of her malafide.That is why she immediately filed the suit for P & M Injunction and simultaneously filed DV case u/s 12 and harassed me by all worst possible mean ways to compel me to sell the house.
That after sometime my wife withdrew the civil suit by submitting before the court.
Statement in Hindi read ditto as follows:-Byan kiya h ki mai Prtvadi ko Hamare Ghar me aane se kabhi mana nhi karungi Aur Hum sath-sath sukh -shanti se rehenge.Mai apni taraf se kisi prkar ki koi Anaitik(Amoral) batt na karungi.Moujuda Dawa Vapis Leti Hu.
Court reader also asked me to sign the prewritten statements and the Hindi written lines read ditto as follows:-
Byan kiya h ki Mai Vadhiya ko apne ghar me sukh -shanti se rakhunga aur kisi prkar se tang nhi karunga.Hum khusi-khusi sath rahenge.Na Hi Mai Ukt Makan No 1234/6 Ko Bachne Ki Chestha Karunga.(I will not intend to sell the house number 1234/6.)
That the Court order of the same day also read ditto as follows:-Written statement and reply to the stay application not filed.Same to be filed on 10-08-2010.Plaintiff has submitted that she wants to withdraw the present suit.Now to put up on 10-08-2010 for consideration on that point.At this stage one date is requested by the plaintiff.
And the final court order on 10-08-2010 read ditto as follows:-Heard.In view of the statement made by the plaintiff,Neelam on 21-05-2010,present suit of the plaintiff is hereby dismissed as withdrawn.File be consigned to the record room,after due compliance.
That as my wife in collusion with her parents was all set to flee back close to her parents with the proportionate sale amount and tried to implicate me in 6 total false criminal cases including All out poisoning case and created the circumstances and threw me out of the house.
That then to save home from permanently breaking and for the children I gifted my house to my both parents.Now again she filed the civil suit for PI and for the cancellation of the gift deed in pursuance of my statement given(I will not intend to sell the house no 1234/6) during previous suit.
Kindly advise as the previous suit was withdrawn by her only.That she is staying in the house and getting maintenance under DV case.
Thanks & Regards in Advance. Pls. Help !
Devajyoti Barman
(Expert) 17 August 2014
Agreement in restraint of sale is void or a non est in the eye of law.
So you have nothing to worry. Even if the suit was pending, the dame could not have been enforced.
Rajendra K Goyal
(Expert) 18 August 2014
Consult a local lawyer and show him all the documents.
ajay sethi
(Expert) 18 August 2014
you have full right to execute gift deed . you were absolute owner of said property . gift deed wont be cancelled by court
malipeddi jaggarao
(Expert) 18 August 2014
I agree with the views of expert Shri Ajay Sethi. Do not yield to the arm-twisting tactics of your wife.
satish Mahla
(Querist) 21 August 2014
Thank you Dear Experts for your valuable feed.Kindly advise can I attch the scanned copy of the statement and C.O.(how) for your kind expert feed back.kindly Help !
Thanks in Advance !
Satish Mahla
09468361457
ajay sethi
(Expert) 21 August 2014
no . you have to contact your lawyer in this regard . show him the various documents cited by you , pay his consultation charges .
T. Kalaiselvan, Advocate
(Expert) 23 August 2014
Agreed with the experts views that the gift deed executed by you cannot be cancelled since the property was your self acquired in which she has no rights. Therefore,challenge all her cases in the right sense including the present one, she has filed this case to frustrate you and give up your stand in her favor. Better take wise decision.
