Reg gpa/sale deed vs gift deed
sangameshwara
(Querist) 20 December 2011
This query is : Resolved
“A” - OWNER OF THE PROPERTY.
“B” - OWNERS SON
“C” - REGISTERED GPA HOLDER & AFFIDAVIT OF SALE CONFIRMATION
“D” - PROPERTY PURCHASED FROM C
Dear Sir,
1. “A&B” both of them sells the property to “C” though a REGISTERED GPA & AFFIDAVIT OF SALE CONFIRMATION ATTESTED BY THE NOTARY PUBLIC.
2. “C” sell the property to “D” through REGISTERED SALE DEED & “B” also signed as WITTINESS (But signature is different when we compared to REGISTERED GPA, but C can able to give witness in the court that he is signed in SALED DEED & we can able to prove that both the THUMB IMPRESSION are same (GIFT DEED & Reg GPA by “B”)
3. after 3-4 months “B” is creating a problem, “C” filled a CIVIL SUITE.
4. Now “B” is showing the paper that he got the said property from “A” through a REGISTERED GIFT DEED.
REGISTERED GPA & AFFIDAVITE OF SALE CONFIRMATION ATTESTED BY NOTARY PUBLIC ON 1995
REGISTERED GIFT DEED ON 2004
REGISTERED SALE DEED ON 2005
“A” property is self acquired property (Registered in sub registered office)
“B” is saying that “A” is not sold the property to any other party.
“A” is given the property to “B” as a GIFT DEED.
A, B, C, D are alive.
Let me know is it possible to file a CRIMINAL CASE/FORGERY CASE on “A &B”
1 “A” is already sold the property to “C” & again given the property to “B” as gift deed
2 “B” Thumb impressions are there in Reg GPA hence he knows that they already sold the property.
3 “B” filled an affidavit to court that they have not sold the property any other party.
4 “A” is mentioned in GIFT DEED that he is not sold property any other party.
Pls help us.,
ajay sethi
(Expert) 20 December 2011
1)yes you can file criminal complaint against A and B for cheating ,etc
2)B has deliberatley made false staement on oath . similarly A has deliberatlety executed gift deed in fabvour of B although he had executed affidavit confirming sale
3) you will have to file civil suit for declaration that D is owner of the property and that gift deed eexecuted by A in favour of B is void
sangameshwara
(Querist) 24 December 2011
"B" already field a CIVIL SUIT against "D".
"D" Could not able to attentd nor replyed, hence court made "D" as ex party.
Should we ask court to reopen the case again or shall "D" as to fille new civil suit or Criminal suit aginst "A & B"
