Property dispute
DAMASCENO PEREIRA
(Querist) 22 May 2013
This query is : Resolved
hi sir,
my aunty [father sister] gifted her property to my father after her husband died in 1967,now my father gifted to me in 2008.and which the property is registered in sub register.and the total properties papers are on my name.
now my aunties hubsand sister son had filed a regular civil suit saying that trespass made to the mundcarial house upon the cover of false and fraud gift deeds dated 10/11/1967 and 24/07/08 and case is in progress.please help me.[goan law of inmovable property]
thanks
damasceno pereira
ajay sethi
(Expert) 22 May 2013
if gift deed was duly stamped and regd then your father would be the owner of said property . if your father had by gift deed duly stamped and regd gifted property to you then you would be owner of the property .
the plaintiff will have to prove that gift deed was executed fraudeleently . what was he doing for 25 years ? fight case on merits
Raj Kumar Makkad
(Expert) 23 May 2013
Nothing can be got opined without going through the documents pertaining to your case. Both sides are claiming gifts in their name so the court shall have to decide which one is genuine and why a particular party kept silence over the alleged gift till more than 40 years.
