Validity of gift deed
saran kumar
(Querist) 11 July 2014
This query is : Resolved
A got into agreement with B to sell his property. The agreement states if B does not pay in time, A is at liberty to deal with his property as he wishes. Can A do a valid Gift deed when B is not coming forward to pay the sale consideration by offering return of earnest amount.
Sankaranarayanan
(Expert) 11 July 2014
Don't ask by academic way. Tell real facts as indicated by experts
H.M.Patnaik
(Expert) 11 July 2014
Dear Querist,
Pl. come up with practical problem if any.
Otherwise do not waste valuable time .
saran kumar
(Querist) 11 July 2014
I am sorry, i have not stated all facts.
->A got into agreement with B to sell his property.
->B is not coming forward with payment and kept on requesting extension of time
(demanding, saying that they can go to court even after 3 years and get stay) .
->The agreement states if B does not pay in time, A is at liberty to deal with his property as he wishes.
->Can A do a valid Gift deed to an other party by offering return of earnest amount to B after the agreement time expires.
ajay sethi
(Expert) 11 July 2014
A should cancel agreement with B for failure on part of B to honour his commitments of making payment on time . enclose cheque towards earnest money .
later execute gift deed in favour of thir party
Hemant Agarwal
(Expert) 11 July 2014
1. Person "A" may simply put person "B" on a 10 Days legal notice, to honour agreement, failure of which the agreement shall stand rescinded, by legal default.
2. AFTER, above "A" may just simply Sell /Gift /Lease his property to ANYBODY, without any further reference to person "B".
3. IF & WHEN person "B" files court dispute, just simply return the earnest /advance money to "B", in Court, and not before that.
4. Legally, person "B", is at legal default, for failure to honor the agreement, and the Court would not accept his contention for any relief.
Keep Smiling .... Hemant Agarwal
http://hemantagarwal21.blogspot.in/?view=sidebar
Dr J C Vashista
(Expert) 12 July 2014
i agree with the experts advise.
Cancel the agreement by issuance of a notice and proceed as you wish.
H.M.Patnaik
(Expert) 12 July 2014
You can follow the advice of Mr. Hemant and take assistance of an experienced local lawyer for professional guidance .
Raj Kumar Makkad
(Expert) 12 July 2014
Experts have rightly addressed your query hence no more to add.
T. Kalaiselvan, Advocate
(Expert) 12 July 2014
I go with the opinion of expert Mr. Hemant Kumar on the subject, nothing more to add.
prabhakar singh
(Expert) 12 July 2014
It seems A has been negligent in not issuing
notice of cancellation on very first default.
So time stipulated for performance by B has gone diluted and now does not remain to be treated as essence of contract.
Hence in my opinion A should give to B a final call by registered notice that B must come prepared with balance consideration on date shown in notice on registered office failing which the agreement to sale shall stand cancelled.After that if A must visit concerned registered office and get his presence marked by sub registrar and obtain
a certificate to that effect.A's this activity would prove his 'readiness and willingness to perform his part of contract and B's absence would prove his unwillingness to perform his part of contract and that would bar B from a claim of specific performance relief in court.
A would be free to transfer as per his choice to any stranger by any mode of transfer after B fails to turn on registry office on date stipulated in A's notice.
