Gift deed holder
Querist :
Anonymous
(Querist) 11 December 2020
This query is : Resolved
Sir,
A person who does not hold title to the property claimed by him can give gift deed to his son. As the market value of the property is rising son has created a forged gift deed donating to himself by his father by creating forged documents by showing his father as owner of the property by virtue of the alleged Will executed by grand father who in turn donated the same to the son by Will. The Will is 40 years old and can be seen as fake document. The son registered the Gift Deed as Donee and his father as Donor by virtue of the fake Will of grandfather claiming to be the owner of the property but in fact it is myself who is owner of the property subsequent to the court order. The parents of the said son is a party to my case in suit which has been decided by court in my favour. Can the son claim the property against my legal entitlement by a registered but false Gift deed.
Please kindly advise
P. Venu
(Expert) 12 December 2020
Please post simple facts without your subjective opinions.
kavksatyanarayana
(Expert) 12 December 2020
If you are sure that a document is forged, then file a complaint to the District Registrar ( the District where the gift deed is registered) or file a case in the court by consulting a local lawyer.
Advocate Bhartesh goyal
(Expert) 13 December 2020
if court has declared you owner of property then son can not claim property rights on basis of alleged gift deed.
Dr J C Vashista
(Expert) 13 December 2020
Mr. / Ms. Anonymous,
How did you infer that the gift deed is forged ?
Whether the Will stated to have been executed by your grandfather has been probated and mutation sanctioned in favour of beneficiary ?
You are already stated to have been litigating with defendant through an able, compentent and intelligent lawyer who is well aware about the facts and circumstances of the case(s), what is his /her advise ?
Why do you need obligation of experts on this platform when you have already engaged / paid a lawyer ? Have you lost faith in him / her (your lawyer) ? If so, change him / her immediately.
Have you been named by your parents ? If so, why do you conceal ?
It would be advisable to consult and engage another local prudent lawyer for better analyses of facts/ documents, professional guidance and necessary proceeding.
Dr J C Vashista
(Expert) 13 December 2020
What is your concern / locus standi vis-a-vis your query ?
Rajendra K Goyal
(Expert) 13 December 2020
If court orders are in your favor, claim of said son is not maintainable. If any court case filed, defend your right. May lodge FIR for the forgery.
Querist :
Anonymous
(Querist) 15 December 2020
Respected Sir Dr.J.C.Vasista & other experts
As you have asked my concerned / locus standi vis-a-vis to the query. I would be glad to clarify your doubt.
Myself and my sister are contesting on my natural mother's property. Unfortunately she died intestate at the time of her death my sister was occupying the house excluding me from the property by false WILL. I filed partition suit and got negated the Will. A preliminary decree was order to be executed as Final decree after metes and bound. Now my sister has four elder children they are guiding my sister to adopt such methods where they want to knock out me from the property and do not want partition decree to be executed. They used various legal weapons available in the law WILL, GIFT DEED AND RELINQUISHMENT DEED to prolong the case and prevent me away from enjoying my half share in the property. The case is 23 years old. I hope I was competent enough to explain my concern and locustandi.
Please can you suggest me what is the probability of the out come of the case.
Thanking all the experts for their valuable suggestions and explanation.
Rajendra K Goyal
(Expert) 15 December 2020
Every litigant is free to defend himself and take all available legal steps which may prove to be helpful in achieving moto.
Case is 23 years old, likely to take some more time.
Fruitful advice is possible after going through full case file.
Better discuss with your lawyer in detail.
