Gift deed cancellation
nayak
(Querist) 16 July 2012
This query is : Resolved
hello sir .A had married B in 1970 and has 7 daughter and 2 son ,but A had also registered marriged C illegally in 1985 without giving divorce and permission of B.C has 1 son D.A had executed a registered gift deed to C and D jointly in jan 2012.a had taken property in 1978 with the aid of B's father and also from income of A's father for which there is some document but not exactly mentioning it, wheather B along with all children can appeal court for cancellation of g.deed.during that time A was in bad health conditon and a died after 1 month 3 days of executing it ,(in hospital), in death summary it is said that he was in bad health condition from many days ..c criminally had done this without telling b that he was hospitalised and a deed has been done.after a death only b was informed ..the age gap b/w A and C is 26 yrs(ie a=45,b=19)and in the gift deed they have mentioned that c and d are there absolute wife and son wheather this statement is correct.please do guide me how to cancel this gift deed ...the stamp duty was calculated on treating c and d as wife and son which is illegal as they are not legal people an adv advised me.the stamp duty was not properly done,
ajay sethi
(Expert) 16 July 2012
you have not mentioned which year gift deed was executed in favour of C and D .
a was absolute owner of property gifted . if A had executed gift deed and was du;ty stamped and regd it would be valif gift . title has passed on to the donee .
if A was in sound mental condition to execute gft deed it would be diffcult to challnege the deed ./
you will have to show gft deed was vitiated by undue influence . contact a local lawyer
nayak
(Querist) 16 July 2012
@ajay sethi 2012 jan the gift deed was done sir,,,
Raj Kumar Makkad
(Expert) 17 July 2012
As the donor was not having good health and was of unsound mind and even he state illegal facts in the deed hence the gift should be got challenged by all legal heirs of deceased born out of his first marriage and there are bright chances to set aside such gift deed may it be got registered.
nayak
(Querist) 02 August 2012
thank you for your reply sir..can i have your contact details or mail id...
prabhakar singh
(Expert) 02 August 2012
On facts you have a very good case.
1.apply for a copy of the gift deed from sub registrar's office.
2.collect all his hospitalization evidence together with diagnosis and treatment given as soon and as much of the same you find.
3.Consult a civil law lawyer,brief him facts with photo copies of documents get a plaint prepared for cancellation and let the same be filed in the court as suit.
As it was created in Jan 12,time is there but sooner the better.
