Can property be gifted hiding fact
K.K.Ganguly
(Querist) 04 May 2012
This query is : Resolved
Would the Ld.Experts give their valuable opinion on the following? I am an advocate & this is the problem of one of my clients.
One 66 yrs old person wants to sell his property of Barasat, West Bengal, to my Client. My Client likes the property & wants to buy it. The problem is
1) The 66 yrs old man’s grand father, having 3 sons, had come from Burma & bought the said house.
2) The 2 Uncles of the 66 yrs old man settled in Rajasthan & all died long back living their sons at Rajasthan who never came to West Bengal.
3) The Father of the 66 Yrs old man who stayed at Barasat died & the property was mutated in the name of his only son being the 66 yrs old man & his wife at 50% ratio each,
4) When the mother of the 66 yrs old man died, her 50% share of the house was also mutated in the name of the said old man thus having 100% share of the house in his name.
5) My client wants to buy the house for which he will take loan from Bank & the Bank’s advocates will surely search the documents.
6) The old man’s earlier advocate proposed my Client that he will create a false unregistered family settlement deed in favour of the Old man in old NJ Stamp Paper with back dated notary seal on it (He even offered to do it on British Period pre-independence stamp paper) charging Rs.1 lakh for it & then it is to be gifted to the son of the Old man, duly recording the subject of the unregistered family settlement deed (in favour of the Old man by his Uncles) in the recital, from whom my client can purchase & in this case Bank lawyers will not be able to find any fault.
7) At this stage my client has come to me for suggestion & I have out right rejected the forgery plan but my Client wants to purchase the property which is just beside his residence at all costs.
8) Someone suggested that under the given instances it will be least risky for the Old man to gift his house to his son stating that his father was the only son of his grand father & through his father he & his mother got the property in their names & now it has been fully mutated in his name after the demise of his mother & he is now gifting his entire property to his son who is selling to my Client.
9) I know this is also illegal since the old man will give false statement that his father was the only son of his grand father & want to avoid this step if any better method is found since my Client is hell bent to buy the property but with least future risk.
Would the Ld. Experts please advise any better & completely lawful method by which the property of the Old man which has already been mutated in his name can be sold to my Client with out any future problem? It has to be kept in mind that the 2 Uncles of the Old man had not visited West Bengal in last 40 years & there is no knowledge & trace of their heirs.
ajay sethi
(Expert) 04 May 2012
it is advisable TO contact relatives in rajasthan . obtain their signatures on deed of relinquishment . give them share in property if need be . then try to sell the property .
preparation of family settlement on old stamp paper , gift deed with false averments is not advisable .
K.K.Ganguly
(Querist) 04 May 2012
Exactly that was suggested by me but the fact is that no body knows where they are since last 30/40 years. They are not traceable at all. Under such circumstances, what should be done.
ajay sethi
(Expert) 04 May 2012
contact a detective agency .they will trace out legal heirs . am not comfortable with creating false documents or making false averments .
Sankaranarayanan
(Expert) 04 May 2012
Publish in news paper to trace the person in dailly. If no information thenafter you follow accordingly
Shonee Kapoor
(Expert) 05 May 2012
DONOT EVER CREATE FALSE DOCUMENTS.
Regards,
Shonee Kapoor
harassed.by.498a@gmail.com
K.K.Ganguly
(Querist) 06 May 2012
Yes, I have already vetoed against it. But the problem is that the vendor is a gentleman who wants to give the share to the other co-owners if found. Since, they are not traceable, it has become difficult for him to sell & more so by my client who wants to buy the property at any cost legally, who stays adjacent to the property.
It now appears that there is no chance to sell it absolutely legally & the least illegal will be to sell it by saying that the vendor's father was the only son. I am not comfortable with this method also.
I was seeking for guidance of Ld.Experts if any better method can be followed by which the property can be sold absolutely legally under the given circumstances.
