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GIFT DEED & its CANCELLATION

(Querist) 24 July 2011 This query is : Resolved 
A GIFTED property was sold,when a suit was pending for validation of CANCELLATION GIFT, cancelled within 8 months of Gifting.Without commenting on the arguments regarding Gift & its Cancellation Deeds, Sub & ADJ Courts have ruled that Buyer should get the property. ADJ has ruled that Buyer has the title but Seller NEED NOT give its possession to buyer - since, buyer did not wait till finalisation of his petition under Rent Control Act. Can we sell the property as we hold possession of it for >32 years?
Swathi S Bhat (Expert) 24 July 2011
Sir,

What happened after the cancellation of gift deed i.e., whether the Katha was also cancelled and transferred in the name of Donor? If you want to sell that property you must also have good title over the property. Mere possession is not sufficient for the sale transaction. If the Court granted any injunction or stay order plz don't sell the property. It amount to contempt of court order.


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