Gift deed
Anuj Pandey
(Querist) 02 February 2013
This query is : Resolved
Hi,
My Maternal grand mother had two daughters- My mother and Mausi. She used to live with us( my mother) and Gift deed land to her 20 years back.
When my mausi came to know about it she filed a civil suit(after my grand mother died). The case was going for last 18 years an land was under our possesion.
two years back my mausi's son sold part of our gifted property to some person in village. We applied for injuction but no order was passed by judge. Now that person (to whom land was sold) has further sold some part of land and we have again applied for injuction.
I want to know following things:
1. Can my mausi's son sold land which was gifted to us? Infact we were paying the arrears for last 20 years and it was under our possesion.
2. Our lawyer is now saying that judge has taken money from other party so he will not give judgement. Infact, judge is now forcing us to go for a compromise.
3. Does my mausi has a right on that property which was given as a gift to my mother ( if they prove that my grand mother had already sold her part of property when she was alive and they have right in the gifted property)
4. How long a judge can not give judgement even after arguments has been done and he has been provided copy of some judgement- It has been two years and now multiple litigation is coming.
Regards,
Devajyoti Barman
(Expert) 02 February 2013
1. No he can not.
2. We are not in a position to know the truth.
3. No
4. It should be passed any time soon.
Raj Kumar Makkad
(Expert) 03 February 2013
First of all it is to be know whether the property which your nani gifted to your mother was her self acquired or ancestral. if the same was ancestral then the gift deed shall ultimately have no value in the eyes of law and if the same was ancestral then you shall have to wait for the outcome of the court as gift is to be proved successfully.
One thing more, whether during the whole trial of last 18 years, either of the parties has not sought injunction over the suit land and if not, this is also a big thing to be reckoned.
Anyway now come to your queries:
1. Not being the matter is sub-judice.
2. File an appeal against the rejection order of the injunction and amend the counter claim if filed and if not filed then file it seeking setting aside the subsequent sales held during the pendancy of the suit and also seek fresh injunction against rest of the property.
3. If your grand mother had sold part of the gifted property then your mother should also challenge that sale otherwise it shall be presumed that there was no gift at all and thus your mousi is equally entitled to inherit the property from her mother.
4. Two years time is much more for this purpose. Obtain the copies of the order sheet and put before the visiting judge of the High court of that district or meet him personally against such judge or move an application before him that you have no faith in him and you do not want this case to be heard by him as the opposite party is openly declaring in public that they have won this judge.
Anuj Pandey
(Querist) 03 February 2013
Hi,
Thanks for your replies.
1. It was ancestral property and only my nani was alive when she gifted us the land.My nanaji died long back in 1962.
2.My mausi asked for injuction when we sold some part of gifted land but judgement was given that no injuction can be given as it was our property.
3. My grandmother never sold gifted property- Infact she gave it to us. My mausi's son has sold it.
4.We have also gone for criminal case against Mausi's son, the person whom he has sold land and the new person to whom further this land has been sold for cheating, fraud and criminal conspiracy- Will this help and judge will take cognizance?
5.the judge has not rejected our plea for injuction but neither he is giving any judgement since last two years.
6. The person to whom our gifted land has been sold is a muscle man and trying to dispossess us of our land. he also tells that since civil suit never comes to an end he will capture and sell land according to his wish.
Regards,
