Gift Deed
Querist :
Anonymous
(Querist) 29 August 2015
This query is : Resolved
Mr.A wished to take a property consisting with 11300sqf along with two storied building in the year 1980. But due to ULC act he could not purchase alone.
Hence along with his two brothers Mr.B & Mr.C, he and his 2 brothers purchased the property as 1/3 undivided shares. Total 3 different sale deed was executed stating as 1/3 rd undivided shares.
The payment done for purchasing for Mr.B & Mr.C was done by Mr.A, which is stated in sale deeds. The sale deed were executed on 5 April 1980.
Further on 15th April 1980, two different gift deed was made on a stamp paper by Mr.B & Mr.C stating that they would gift their 1/3 shares to the 2 sons of Mr.A when the sons become major, as the sons of Mr.A were of 15 & 12 years old in 1980.
The gift deed was done between Mr.A & Mr.B and second gift deed between Mr.A & Mr.C. along with two witness. The documents was not registered or notaries.
Now Mr B & Mr C are denieng to transfer their shares.
Is it possible to get the shares to the sons of Mr.A ?
Mr.A has expired on 2003.
Querist :
Anonymous
(Querist) 29 August 2015
Is it possible for the sons of Mr.A to get the shares back?
Anirudh
(Expert) 29 August 2015
The alleged Gift Deed mentioned by you has no legal validity at all. Therefore, it is not possible for the sons of A to get the property back.
Querist :
Anonymous
(Querist) 03 September 2015
Mr.A has paid the amount for Mr.B & C, which is stated in sale deeds.
