Liability of a donee

Amol (Querist) 22 April 2015 This query is : Resolved
Respected legal experts,I received an immovable property through a registered gift deed from my grandfather this year.The property was purchased by my grandfather on notarised papers since registration of property was closed in 1985.I want to sell the same.What if there was a defect in my grandfather's title?Can I be liable for fraud if I sell the property?

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Guest (Expert) 22 April 2015
May be or may not be can be the answer, as your description is quite deficient to form any opinion in the absence of description of the contents of the notarised papers with which your grand father acquired property and the gift deed, with which the same was transferred to you.

Even otherwise, if you don't have any such detail, your query is merely an academic query.

Amol (Querist) 22 April 2015
Sir,my grandfather got the property in his name through my grandmother who appointed him as an irrevocable attorney and agreement to sell.The witnesses to the transfer are present as of now.The gift deed mentions the whole chain.
All the sons of my grandfather have already left their claims in the property by giving statements before the S.D.M.Can they claim the property?

ajay sethi (Expert) 22 April 2015
once gift deed is made duly stamped and regd you are the absolute owner of property .

the problem would arise when you seek to sell the property . title is not clear and marketable . sale deed in favour of your grand father should have been regd by your grand mother . in the present case only agreemnt for sale was entered into by grandmother in favour of grand father

Rajendra K Goyal (Expert) 22 April 2015
Title seem to be defective.

Consult local lawyer and show him all the documents.

Kumar Doab (Expert) 22 April 2015
As already concluded and advised by experts, show all docs on record to an able lawyer dealing in revenue/civil/property matters.

The title does seem to be defective.

T. Kalaiselvan, Advocate (Expert) 01 May 2015
From your version there appears to be defective title, hence consult a local lawyer and get his opinion based on the relevant papers perused by him.

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