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Property transfer

(Querist) 09 June 2015 This query is : Resolved 
Mr A (seller) signed a sale agreement with Mr B (buyer) 3 years back which was never REGISTERED. After many request made by seller, the buyer did not make the part payment & the final payment before the specified contract dates. Therefore the Seller finally gave cancellation notice and cancelled the contract and forfeited the deposit based on non performance of buyer.

After 3 years of the sale agreement Mr A transferred the property to his daughter via gift deed.

Two weeks After the gift deed was registered, Mr A received a summon From Mr B for specific performance and money recovery law suit.

At the time when gift deed was registered there was no stay, injunction or any summon received from the court.

1) Is the gift deed transfer legal & valid ? Can The Court reverse it?

2) Can the court order stay on the property which is already transferred ?

Please Advice
Guest (Expert) 09 June 2015
Academic query.
Rajendra K Goyal (Expert) 09 June 2015
Seems, moot court problem no reply.
Dr J C Vashista (Expert) 10 June 2015
Academic query.
Biswanath Roy (Expert) 18 June 2015
On the basis of the given facts I say 'NO' as reply to both of the queries set out therein.


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