Validity of gift deed in present case
Prem Bhardwaj
(Querist) 12 September 2019
This query is : Resolved
Mr. A (owner of 2 story building) Mr. B ( son of Mr. A) Mr. B got second floor his father via registered sale deed instead of gift deed in 1999 Mr. B in 2012 told to his father to reconstruct the building via builder. Builder will make 4 floor out which 3 floor and 4 floor will retain by him and will also pay 10 lac rupees. Mr. B surrender his right in name of his father and made a GPO b/w his father and builder. with condition that he & his father will equal share holder of money and floor constructed by builder. In 2014 Mr. B made one sale agreement and in which he bought one floor from his father for Rs. 12 Lac ( Market value 70 Lac). In 2015 when Mr. A via gift deed transferred to other floor his daughter. Mr. B raised objection against gift deed & said as per GPO we both are equal share holder of 2 flats. out of which you sold your share via sale deed to me. now how can you transfer my property to other via gift deed. Now my question is what is the validity of Gift deed. and objection raised by Mr. B
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Hemant Agarwal
(Expert) 12 September 2019
INTROSPECT ON THIS:
1. In the absence of documentary evidence as to which Floor's (say F1 & F2) belong to "B" or to Father, BOTH the Sale Deed and subsequent Gift Deed are legally infructuous, more specifically since it would be taken as "un-partitioned property".
2. Presuming both have 50% each in each floor, THEN Father has sold off his 50% share in Floor-1 to "B". AND in Floor-2, both still hold 50% each, wherein it can be simply construed that Father Gifted his 50% in Floor-2 to his daughter, wherein NOW in Floor-2 the owners are "B" and Sister.
'Keep Smiling .... Hemant Agarwal
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Dr J C Vashista
(Expert) 13 September 2019
Vague and confusing statement which can not lead to form an opinion and oblige.
It is advisable to show the title documents to a local prudent lawyer for better appreciation of facts/ documents, guidance and proceeding.
P. Venu
(Expert) 15 September 2019
Why A, B. ....? What is the real issue?
Sandeep Naik
(Expert) 03 October 2019
Though my reply may not be appropriate but under "The Maintenance and Welfare of parents and Welfare of the Senior Citizens Act, 2007" the gifted property can be revoked if the beneficiary has neglected to maintain the parents u/s 23 of the said Act. Since the issue is in between father and son arose, I have shared my little knowledge
