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manjula   22 October 2017

Gift deed by father to daughter without consent of other son

Son purchased property in the year 1990 on fathers name being senior person of family for love and respect. Father gifted the same to daughter without consent of son by registered deed in the year 2016. Son has all the documents related to his purchase that shows that son only purchased the property i.e. loan taken for property purchase(stamp paper), Original share certificate is with son only. Society secretary issued duplicate share certificate on 1st january 2016 without following society act for issuance of duplicate certificate and gift deed was executed on 8th january 2016. property flat is situated in mumbai and is in possession of son only since he purchased. property was redeveloped and possession was given to son only with possession letter by builder in 2007. Though name on possession letter is of father but possession was taken by son only and son possess the original possession letter as well. ther is one more elder brother who is also asking for his share in the same property because property was on name of father. Maintenance bill till JUne 2017 is on name of father only and yet society has not changed the name on bill. Is there any solution? yet son has not filled any case in court? which case should he filled? Daughter has misguided father and by cheating she executed this gift deed so any criminal section against her? Whether secretary is liable to punish for issuing duplicate certificate without consent of possession person son and not following society act?


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 2 Replies

Nitish Banka (lawyer)     22 October 2017

you may file for declartion of title and cancellation of gift deed

Siddharth Srivastava (Advocate)     22 October 2017

You have not stated the ground on the basis of which your father became owner of the property when the flat was purchased by you and loan was also taken by you for making purchase and even certificate of share was also issued to you. You may challenge gift by way of suit for declaration and permanent injunction. Consult a lawyer with details.

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