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haradatta (proprietor)     25 May 2012

Gift deed

sir,

A family comprises of a widowed wife and two children.  During the life time, the husband had acquired an immovable property in the name of his wife.  Subsequent to his death, the mother and the elder son had contracted liabilities with the third parties and fearing for the loss of their property, the mother had executed a gift deed in favour of her second son.  Is the gift deed valid?



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 6 Replies

A V Vishal (Advocate)     25 May 2012

No. The gift deed is invalid.

A V Vishal (Advocate)     25 May 2012

However the above answer is on the assumption that the property is mortgaged towards the loan. In case the property is not mortgaged than it can be treated as a valid gift

haradatta (proprietor)     25 May 2012

under what provision of law {apart from u/s 53 of The Transfer of Property Act} can i file a suit towards cancellation of the said gift deed as such i had already filed a suit towards money recovery and obtained decree in my favour.

haradatta (proprietor)     25 May 2012

please provide me with any relevant recent citations in support of my suit to be filed towards cancellation of the gift deed.  Thank you sir.

Adv.R.P.Chugh (Advocate/Legal Consultant (rpchughadvocatesupremecourt@hotmail.com))     25 May 2012

The Case is squarely covered by S.53. Any sale made to defraud creditors is voidable at the option of creditors. 

haradatta (proprietor)     05 June 2012

Sir, the widowed wife is having no income excepting deriving the pension income of her deceased husband.  She claims herself that her property is a part of STHRIDHAN having been acquired by her from her father whereas she doesn't have any documentary proof in support of her claim.  Her deceased husband was working with the police department in high cadre and had recently expired.  On several occassions, the widowed wife had revealed that her deceased husband had acquired the existing property in her name out of love and affection but i do not have any documentary evidence to prove the same.  The very execution of the GIFT DEED favouring her younger son is only to protect her property in meeting to the satisfaction of the money decree in my favour.  Pls clarify and guide me

thanking you


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