Property dispute
DAMASCENO PEREIRA
(Querist) 24 July 2013
This query is : Resolved
HI SIR,
IN 1967 MY [AUNTY] FATHER SISTER GIFTED HER PROPERTY TO MY FATHER AFTER A HUSBAND DIED IN 1965.WHICH THE PROPERTY PURCHED BY MY AUNTY ON HER NAME.IN 2008 MY FATHER GIFTED THE PROPERTY ON MY NAME,WHICH THE PROPERTY IS REGISTER IN SUB REGISTER.AND NOW MY AUNTY HUSBAND SISTER SON HAD FILED A REGULAR CIVIL SUIT SAYING THAT THE GIFT DEED IS FRAUD AND ILLEGAL.
PLEASE HELP ME.[PORTUGUSE FAMILY LAW]
Dr. Jyothi Vishwanath
(Expert) 24 July 2013
Which gift deed he is challenging? First gift deed of the second deed?
DAMASCENO PEREIRA
(Querist) 24 July 2013
HI SIR,
THANKS FOR THE MAIL,HE CHALLENGING BOTH THE GIFT DEED FIRST AND THE SECOND.
THANKS
DOM.
Dr. Jyothi Vishwanath
(Expert) 24 July 2013
You dont have to worry much. The first deed was made long back and he cannot challenge it now. And since the gift conveys full title to you, your case is strong. Before he takes any injunction in the case, rent the premises for a long time or if possible take a loan on it even if you dont need one. Once the bank enters the scene, they will protect your interest, since they have to protect their interest. But act immediately.
DAMASCENO PEREIRA
(Querist) 24 July 2013
HI SIR,
THIS MY RESIDENTIAL HOUSE WHERE ARE LIVE,I CANNOT GIVE FOR RENT.IN THIS CASE THE GIFT DEED CAN BE FRAUD WHEN ITS REGISTER IN SUB REGISTER.
THANKS
DOM
Raj Kumar Makkad
(Expert) 27 July 2013
Gift deed is required to be challenged before civil court as registrar can do nothing in such situation.
Guest
(Expert) 27 July 2013
The instance of registration does not stand guarantee that the deed is not a fraud. Although it is the duty of the complainant to prove the gift deeds as fraud, but still you will have to defend your case. If you are able to defend your case appropriately about the first gift deed in favour of your father, the second gift deed would automatically be treated as genuine, as not disputed by any of your own family members. You can better approach to the witnesses of the first gift deed to stand by you.
