Gift deed without execution of will.
Santosh kumar
(Querist) 25 January 2019
This query is : Resolved
We had a undivided share of 50 Cents of land belonged to my late grand father in State of Andhra Pradesh
My cousin brother secretly register a gift deed last year, gifting that land on his wife's name .
I procured the certified copy of the gift deed, where apparently he claims that my grand father had privately executed a will to him 25 years back and he is now gifting that land to his wife.
The agreement didn't have any copy of will . From encumbrance certificate looks like ownership of land directly changed from my grand father name to his wife's name. We in our family are sure that my grandfather has ever has signed such will to his grandson with my uncle and father being alive. My uncle is now decessed.
My questions
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If will was ever written , wouldn't the ownership land be first transferred to my cousin brother's name by execution of the will ?
In the State of Andhra pradesh , the registrar need to authenticate the Will under section 41 of the registration act. and register the WILL first before execution of the Gift deed.
For filing a Civil suite , The Court fee can run into few lakhs, given the market value of the property. a civil suit seeking cancellation of registration of gift deed, declaring it null and void and for injunction would require the entire court fee?
Guest
(Expert) 25 January 2019
Instead of wasting time with Civil Suits better file a Police Complaint for Forgery and Cheating including your Cousin brother's wife and Cousin brother. and all others involved like even witnesses who had signed. and even the concerned Registrar Office.
Remedy would be soon.
Santosh kumar
(Querist) 26 January 2019
Though we are sure no will existed. We don't have a copy of Will based on which my cousin registered the gift deed. Thats because Will was never registered and ownership of the plot was not transferred to my brother's name , so getting certified copy of the document was not possible. How does one get the copy of will to be certain that its a fraud.
Dr J C Vashista
(Expert) 26 January 2019
Consult and engage a local prudent lawyer for partition of the property.
P. Venu
(Expert) 05 February 2019
It is not necessary that a Will be registered. From the facts stated, only remedy is in filing a civil suit. As regards to court-fees, each State has its own norms; only a local advocate or advocate clerk can provide the information. Even otherwise, while filing the Suit, it may not be necessary that the entire court fee be paid at that stage.
Guest
(Expert) 05 February 2019
You need not worry about the Will and it would be the responsibility of the other side to justify his fraud submitting all documents. You have a good case and filing a Complaint with concerned Police under Land Grabbing would fetch a good and speedy result
