Civil suit for recovery of cheque bounce.
Gaurav Kapoor
(Querist) 14 August 2013
This query is : Resolved
My Father has some outstanding to few people. He was involve in a trade business which was not at all on papers. it was a sort of free lance trade.
He has debts and against which he has issued cheques which are bounced due to insufficient funds.
My Father is a ex govt employee.. he was employee in Defence (civil service) and took voluntary retirement. he is on pension (12k) monthly.
Once we came to know abt his debts it was all too late and i am not in position to repay that or help him finacilly.
Now he is out of home since last 30 months. we have received few notices for repay the amount. and now we have received summon from court in which a person has convicted my father under 138 NE act.
The house in which we are was living purchased by my grandfather and then it was transfered to my father thru gift deed. But now the has been transfered to me by my father by virtue of gift deed
My Father borrowed some money of abt 4.5 Lac from a person in April 2010 against which he gave a cheque without dated.
He had losses in a business which was not even registered as he was working free lance. He then paid about 2 lac ang gave the balance cheque of 2.5 lac.
The other person promised him that he will return the old cheque of Rs 4.5 Lac as the cheque is in his bank locker.
On threathing by that person my father arragned 90 thousand and ask for the chques back and promise that he his pay the balance amt of 1.6 lac in due course of time.
My father didnt take any receipt of the amount i.e. 2 lac and 90 thousnd which was paid in cash. Now the person has the chqeque (which are from tow differnt cheque book serise) he presented the cheques in bank and they bounced due to insufficent funds.
He present both cheques in oct month i.e. 10 Oct and 18th Oct 2010.
I was not aware of any transcation as i am working in MNC and has no link of my fathers business transtionaction.
This residential property was transferd to my name on 3rd March. (which is priort to taking loan)
Now that person has filed a recovery suit ( for which i have not accepted any notice as i am not the party and my father is absconding). Can this gift deed be challanged or is there any threat to property.
Dr J C Vashista
(Expert) 15 August 2013
Gift, once accepted by you is irrevocable.
Engage a local lawyer.
prabhakar singh
(Expert) 15 August 2013
If it can be proved that GIFT was executed in order to defeat the interest of the creditors and as such it was a PLANNED SHAM transaction by the debtor ,then it can be,otherwise not.
So it goes with how is the story linked to dates.Otherwise everybody poses superb stories of defence claiming innocence.It is human nature.
A local prudent civil lawyer may help you a lot,as you need to be interrogated for the story brought here to shape the facts in legal frame to save your gift.
