Property dispute
DAMASCENO PEREIRA
(Querist) 20 December 2012
This query is : Resolved
HI SIR.
MY AUNTY [FATHERS SISTER] GIFTED HER PROPERTY TO MY FATHER,AFTER A HER HUSBAND DIED IN 1965 AND IN 1967 MY AUNTY GIFTED HER PROPERTY TO MY FATHER.WHICH THE PROPERTY PURSHAED BY MY AUNTY ON HER NAME AND WHICH IS REGISTER IN SUB REGISTER .NOW MY AUNTIES HUSBAND FAMILY HAD FILED A REGULAR CIVIL SUIT SAYING THAT WE HAD TRESPASS TO THEIR MUNDCRIAL HOUSE IN MAKING ILLEGAL AND FRAUD GIFT DEED ,WHICH MY AUNTY HAD GIFTED TO MY FATHER,SIR I NEED YOUR HELP.
THANKS
ajay sethi
(Expert) 20 December 2012
if your aunt had signed the gift deed had it duly stamped and regd then the challenge by your your uncle relatives would fail . the gift should have been without any undue influence or fraud .
Raj Kumar Makkad
(Expert) 20 December 2012
The members of family of your Buwa (aunt) have no right, title or interest against the duly gifted property in favour of your father as he has become its absolute owner soon after its gift in 1967. The suit should be defendded vigorously and effectively.
Adv B.B.Gambhir #9814820602
(Expert) 21 December 2012
as per section 123 of Transfer of Property Act, a Gift of a immovable property without delivery of possession is not a valid gift.
see citation 2009(3) Recent Civil Reports 672
Raj Kumar Makkad
(Expert) 21 December 2012
*Gambhir! where is the relevance of the citation told by you in the facts of the case?
The facts of the query are all together different.
DAMASCENO PEREIRA
(Querist) 27 July 2013
HI SIR,
THIS IS THE DRAFT THEY MADE IN COURT
THERE EXIST IMMOVABLE PROPERTY KWOWN AS A OR B SITUATED AT MAJORDA VILLAGE,SALCETE GOA.ENROLLED AT THE LAND REVENUE OFFICE UNDER NUMBER 720 AND IS PRESENTLY SURVEYED UNDER NO
58/3.
1 THE SAID PLAINTIFFS ARE THE MUNDCARS OF THE SAID PROPERTY WITH ITS OTHER UNCLE AND AS COLLATORIALS TO THE SAID PROPERTY AS ITS RESPECTIVE LAND OWNERS GODINHO FAMILY.
2.THE SAID PLAINTIFFS MOTHERS BROTHER BY NAME A IS THE HUSBAND OF MY AUNTY,WHERE ITHE SAID AUNTY HAS SAID MARRIAGE ATTAINED THE STATUS OF MUNDCARS AND WITH ONLY UNSUFRUCTORY RIGHT TO THE SAID HOUSE AND THE SAID OTHER HOUSESSIN THE SAID PROPERTY.
3.IT IS UNFORTUNANTELY MADE WITH VOID ILLEGAL AND FRAUD INSTUMENT BY THE FIRST THE SAID PTROCINA [AUNTY] AND SAID ANTONIO [MY FATHER] MADE ILLEGALLY AND BY FRAUD AN ILLEGAL INSTRUMENT OF GIFT WITH INTENTIONAL MISCHIEF DATED 10/10/1967 TO HER BROTHER SAID ANTONIO XAVIER PEREIRA RESIDENT.
3.THESE MUNDKARIAL HAOUSE HAVE NO DISPOSABLE SHARE AND THE SAID MUNDKARIAL HOUSE ARE ALLOCATED WITH HABITATION TO ITS COLLATERALS IN HABITATION IN THE EVENT OF ISSUSES AS IN THE PRESENT CIRCUMSTANCES THE SAID PATROCINA [AUNTY].
4 THE ILLEGAL AND FRAUD DEED OF GIFT HAS BEEN MADE WITH NO DEMARCATED AREA WITH NO MATES AND BOUNDS AS SUCH IS TOTALLY VOID OF ANY LEGALITY AS SUCH THE SAID ILLEGAL AN FRAUD DEED OF GIFT IS AGAIN NULITY ON ITS WEIGHT.
5.THE SAID ILLEGAL AND FRAUD DEED OF GIFT HAS FRAUDULENTLY INCLUDED IN THE SAID ILLEGAL AND FRAUD DEED OF GIFT THE SAID MUNNDLARIAL HOUSE OF THE SAID PLAINTIFF,THEREBY AGAIN THE SAID ILLEGAL AND FRAUD DEED OF GIFT IS SUO MOTTO NULITY.
6 THEREFROM THE SAID ANTONIO[MY FATHER] AND THE SAID DEFENTANTS HAVE MADE ANOTHER ILLEGAL AND FRAUD INTRUMENT OF GIFT WITH INTENTIONAL MISCHIEF DATED 24/10/08 ILLEGALITY FAVOURING THE SAID DEFENDANT ON THE BASIS OF THE SAID PRIOR ILLEGAL AND FRAUD INSTRUMENT WHICH BOTH TOGETHER ARE SUO MOTTO NULLITY.
7.THE SAID NULITY OF THE 2 INSTRUMENTS THE MUTATION PROCEEDINGS WHICH HAVE BEEN PROSEEDED WITH DISILLUSIONMENT WHEREIN ON THE BASIS OF THE SAID ILLEGAL AND FRAUD INSTRUMENT THE SAID MUTATION HAVE ALSO ATTAINTED NULITY ON ITS OWN SELF.
8 THE SAID PLAINTIFFS AND WITH ACTS OF TRESPASS COMES AS T
REPPASSER TO THE SAID PROPERTY WITH
MUNDCARIAL HOUSE.
PLEASE HELP [PORTUSE LAW]GOA,
