Illegal Gift Deed execution
Kartheek S
(Querist) 01 May 2013
This query is : Resolved
Greetings to everyone.
Please please read my sorry tale below and tell me if the Gift Deed Executed can be deemed fraud or illegal. Also this was executed using the GPA which was registered few months before Supreme Court verdict regarding GPA not serving as a title deed. Here is the exact problem:
My uncle used the GPA given by my late dad to formulate the Gift Deed, which he executed to himself, showing himself as the Donour and Donee ! I was not aware of the GPA given to my uncle and this was done without my knowledge, I didn't sign the papers during GPA registration as I didn't know about its existence. My uncle cheated my dad with a promise to sell the land as my dad was ailing at that time. When my dad passed away, and I went to transfer the ownership of land to my name, I was told the land was given as a gift deed ! Out of shock when I applied for the registered gift deed document which was used, I was shocked to see my uncle sign as the Donour and Donee ! The words in GPA said that, my uncle can gift to anyone of his choice. All this was done without my knowledge, and i am the only child for my late dad. My mom passed away much before my dad, and I am left with nothing now. My uncle has transferred all to his name using this gift deed. Will this be deemed as Fraud ?
Please provide a detailed expert opinion.
prabhakar singh
(Expert) 01 May 2013
Yes! it is a fraud.Circumstances speak much
here.
First make sure your father made any GPA or it is result of any forgery and impersonation.You need to assail that even there was no need of any GPA and the same is result of fraud played upon your father by misrepresentation of facts your by uncle,etc..
You need to file a suit of cancellation of impugned gift deed.
Get in touch of a good civil law practitioner to discuss each and every circumstance in which GPA came into being.
i hope you shall get justice as fraud of your uncle is crying to which i believe judges would not turn deaf and you shall get justice.
But your plaint should be masterly drafted.
Kartheek S
(Querist) 01 May 2013
Mr. Prabhakar Singh,
Thanks a ton for such a fast reply ! I will get back to U on the same page if I need any other guidance.
Regarding a duplicate thread on the same topic, I didn't intend to create one and it happened accidently as I am accessing it on a phone.
I am just 23 years of age now, I need justice !
Kartheek S
(Querist) 01 May 2013
My father has made a GPA, I have the copy with me. It is registered, but as U said, impersonisation or other means might have occured. Will surely look into this and get back to U !
P. Venu
(Expert) 01 May 2013
When did the transaction take place: during the lifetime of your father or after his demise?
prabhakar singh
(Expert) 01 May 2013
Okay Mr. Kartheek S!
If i fail to attend due to overlooking or absence of visits here for many a days you may remind me by PM(a private message facility is provided here).
You need to enquire in detail about the GPA?
The entire reasons that brought GPA into being?The mental and physical conditions of your father at then.
If it is not impersonation then you need to prove fraud played by your uncle on your father for which better particulars would be required.
You can ascertain impersonation comparing thumb impression on impugned GPA with any other thumb impression admittedly of your father.
Kartheek S
(Querist) 01 May 2013
@Mr. P Venu:
Sir, My father passed away on Aug 5th, 2011. GPA came into existence in the month of May 2011 and in July 2011, just few days before the passing away of my father, my uncle executed the GPA through a gift deed by naming himself as the donor and donee, as he came to know my father won't be alive after some days.
@Mr. Prabhakar Singh:
Sir, can't the gift deed be proven as fraud and illegal without checking for any impersonation in GPA, just by looking at the way gift deed is executed ( donor and donee remaining the same ).. My father has no where signed on the gift deed, my uncle has transfered everything to his name by stating my father has given him the power to do so in the GPA.
P. Venu
(Expert) 01 May 2013
When was the gift deed executed?
Raj Kumar Makkad
(Expert) 01 May 2013
Your uncle has made a fraud in the given case so you should file a criminal case along-with the civil suit against him as a person cannot be donor and donee at the same time.
Kartheek S
(Querist) 02 May 2013
@ Mr. Venu:
Sir, Gift Deed was executed in July, just few days before my father's demise.
Now, tell me.
