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Mohana Varma (FAMILY COUNSELOR WOMEN EMPOWERMENT TRAINING TECHNICAL CONSULTANT)     27 November 2012

Sale of asset while a case is in process

My father had executed a Gift Deed which was registered in march 2012 ; In August 2012 he filed a Cheating case u/s 420 & 506 of IPC through court. They had demanded 20Lakhs towards compramise which i had refused to pay and said I would rather opt the Legal System. In teh first week of September he had approached the Sub registrar Office and got the Gift Deed Cancelled unilaterally saying that he had written the gift deed to me and due to family troubles he had to get the deed cancelled.

Over theis cancellation a writ was filed in High Court and now My father's advocate aproach me saying that he had negotiated a sale with regional BC- Leader who's family has two lawyers and that they had paid 5 lakhs towards sale as advance and that the balance shall be given once the court case is over but the pocession had to be done immediately.

What should I do?

File a Police Complaint

Report the matter to the court

Some thing else

 



Learning

 1 Replies

sridhar pasumarthy (ADVOCATE)     27 November 2012

Once, a gift deed is executed, Donar cannot cancel it unilaterally without obtaining a court decree on  the grounds of fraud, mis-representation etc.

It appears from your query that your father executed an agreement of sale, which creates neither right nor interest over the property.

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