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Kartheek S (Mechanical Engineering B.E)     01 May 2013

Illegal Gift Deed Execution

Greetings to everyone. Please please read my sorry tale below and tell me if the Gift Deed Executed can be deemed fraud or illegal. Also this was executed using the GPA which was registered few months before Supreme Court verdict regarding GPA not serving as a title deed. Here is the exact problem: My uncle used the GPA given by my late dad to formulate the Gift Deed, which he executed to himself, showing himself as the Donour and Donee ! I was not aware of the GPA given to my uncle and this was done without knowledge, I didn't sign the papers during GPA registration and I didn't know about its existence. My uncle cheated my dad with a promise to sell the land as my dad was ailing at that time. When my dad passed away, and I went to transfer the ownership of land to my name, I was told the land was given as a gift deed ! Out of shock when I applied for the registered gift deed document which was used, I was shocked to see my uncle sign as the Donour and Donee ! The words in GPA said that, my uncle can gift to anyone of his choice. All this was done without my knowledge, who is the only child for my late dad. My mom passed away much before my dad, and I am left with nothing now. My uncle has transferred all to his name using this gift deed. Will this Gift Deed be deemed as Fraud ? Please provide a detailed expert opinion.


 2 Replies

T. Kalaiselvan, Advocate (Advocate)     19 October 2013

GPA Deed and Gift Deed are two different terms.  A GPA holder cannot transfer the property on his own name by not only a gift deed even by any other deed.  The GPA deed stands cancelled on the death of your father and he has got no power over the property subsequently hence any transaction on the basis of GPA done on a date later to the death of your father, is invalid by law.  Whatsoever, the gift deed is invalid and illegal,you can challenge the same before court while lodging a complaint against him for fabricating the documents with an intention to grab the property illegally and also for criminal breach of trust.

Kartheek S (Mechanical Engineering B.E)     20 October 2013

Thank you so much for your reply, sir.
I would like to state that the GPA was executed just few days before my dad expired. It wasn't executed after his death. Now what ?


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