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Cancellation of GPA and agreement to sell.

(Querist) 28 January 2014 This query is : Resolved 
My father's brother had gifted through a registered gift deed, his total undivided share in a property to my father in august 2013. The property was in possession of my father since 1992. We recently came to know that he had made a notarized GPA to a builder for the same in June 2011. The builder has
GPA,
Agreement to sell,
Affidavit,
Receipt,
Possession letter,
Will,
All notarized and All signed by my uncle.
Now the builder is threatening us.
What should be our course of action?
arunprakaash.m. (Expert) 28 January 2014
refer your gift deed it is revocable or irrevocable
Waseem (Querist) 28 January 2014
gift deed registered in 2013 is irrevocable. but the gpa etc documents were done in 2011.
Rajendra K Goyal (Expert) 28 January 2014
The query was asked by the author at :

http://www.lawyersclubindia.com/experts/hiba-nama-191871.asp#.Uud307ThWsw

presently the query has been replaced by the words thanks, thanks, unable to understand why?

Author please reply.
ajay sethi (Expert) 28 January 2014
repeated query no reply
Waseem (Querist) 28 January 2014
thank you for your non reply Mr Ajay. Mr rajender that was a different query of a very private nature. I hope you'll excuse my nativity?
Advocate. Arunagiri (Expert) 28 January 2014
Mr.Waseen,

Please do not argue with the experts, that will create a unhealthy situation. Mr.Ajay Sethi is having all such rights to say his opinion. He is not preventing others. You need not reply to this portion of observation.

Now I come to your query.

I come know that the GPA was given to the builder in 2011.

The same property was gifted to your father in 2013.

Normaly the builders will have a 60 : 40 ration of share after the construction sale rights. So, your uncle is having a 40% on the constructed property.

so, your uncle had gifted his 40% share to your father.

This is what i can say without seeing any contents of these two gift and builder agreements.
Waseem (Querist) 28 January 2014
Never meant to argue with him. Maybe he shouldn't have even bothered to write those four words.
This is an information seeking website for the general public who obviously are not as intelligent as Mr Ajay. thanks again


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