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Vision (Test)     27 December 2017

Gifted property sold without consent

Dear Sir, my father and brother used to own undevided 1500 yards of land. both of them gifted that land to me and my two sisters through valid registration four years ago. At the time of registration the land was under mortgage. The registration was done not knowing it was with the bank. Once I found out, recently I cleared all the loans on the land and got it mutated onto our name after paying the vacant land taxes. Bank released the papers with successor clause. Without my knowledge, my father took the papers from the bank, unilaterally cancelled the gift deed and sold 750 yards of the land to some local goondas through a sale deed. Is the sale deed valid? how should I approach. on the same note, One of my sisters took bank loan on her share already. the original 1500yards hasn't been partitioned in between three of us yet. Please help me with proper guidance. thanks in advance



Learning

 6 Replies

Advocate Kappil Cchandna (Expert Bail & Criminal Defence Lawyer at Delhi Supreme Court of India)     27 December 2017

Sir, 

 

Once gifted cannot be cancelled unilaterally, Seek cancellation of the gift deed and file an FIR for cheating as well .... 

 

Warm Regards 

Kapil Chandna Advocate 

9899011450,9911218741 

https://kapilchandnaadvocate.wordpress.com/

G.L.N. Prasad (Retired employee.)     27 December 2017

This is simple cheating and go for filing suit alleging fraud.

Kumar Doab (FIN)     27 December 2017

Since the debt/loan on whole land, has been paid, lender/bank should have NO role now.

If father applies for mortgage on whole land and the said gift deed was not brought in the knowledge of lender/bank bank has returned the docs to the person (Father/owner) that was granted loan.

Kumar Doab (FIN)     27 December 2017

The gift deed can be cancelled by mutual consent of Donor and Donee.

Court alone can revoke the gift deed.

Kumar Doab (FIN)     27 December 2017

If you alone paid the whole debt & Taxes on whole land then collect the share from other successors/legal heirs/done.

If sister has become owner of her share per registered gift deed she might have succeeded to avail loan from lender by satisfying the T&C of the lender.

If whole land was=1500 sq yard and was gifted to 3 person (1son+2daughters) without any mention of boundaries then each may get 500 sq yard.

If Gift deed was cancelled then how could anyone sell 750 sq yard without updating mutations records!

Kumar Doab (FIN)     27 December 2017

If 750 sq yard was sold and mutation record was updated then how could other two sisters show ownership of 500 sq yard each and lender could form a worthy legal opinion for advancing loan?

Has the 3rd legal heir sister also pledged her share to lender/bank and availed loan?

If sale deed is cancelled then the buyer may approach to recover from the estate/family/legal heirs of deceased owner.

If buyers are goondas as posted by you then they won’t easily vacate/give up possession.

The whole matter is tricky and family members are involved.

It shall be appropriate to get proper legal opinion from a very able LOCAL senior counsel of unshakable repute and integrity specializing in civil matters and having successful track record.


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