Regarding gift deed
mohamedrafi
(Querist) 10 April 2016
This query is : Resolved
A relative sold his property on certain conditions for payment . The close relative who purchased the property got it registered by way of gift deed to avoid stamp duty which I was against. After paying the money one part payment is due from the relative (buyer)which he refuses now to my relative. The relative who sold acquired the property by way of family partition.
Can my relative or his children file a suit to recover the balance payment due? Pl help.Thank you.
Devajyoti Barman
(Expert) 10 April 2016
If consideration is not passed in full then the deed can be cancelled by lack of consideration and the law is ' no consideration no contract'.
r.sathyanarayanan
(Expert) 10 April 2016
Dear Mr.rafi,
When your relative executed a valid gift deed,how can now your relative now claim money.legally it is not possible.
P. Venu
(Expert) 11 April 2016
Other possibilities, such coercion, needs to be explored to get the gift deed cancelled. However, this is well nigh impossible as the deed unconditional and is duly registered.
Adv. Yogen Kakade
(Expert) 11 April 2016
Need to know more details to answer you properly.
H.M.Patnaik
(Expert) 11 April 2016
You can better consult an experienced civil lawyer locally along with copy of the executed Gift deed to find whether the same contain some latches so that the said document can be cancelled.
Rajendra K Goyal
(Expert) 11 April 2016
Normally gift deed can not be cancelled in absence of
some technical drawback. After gift by father, children can not claim.
Dr J C Vashista
(Expert) 13 April 2016
These are two contradictory statements in this query i.e.,
a) the property was sold on certain terms;
conversly
b) gift deed was registered (which is always without consideration);
which statement is true?
Prima facie it is hypothetical and academic query.
