Gift deed
Balakumar
(Querist) 04 April 2014
This query is : Resolved
Due to matrimonial issue, I have filed a divorce petition in family court. During the mediation, we both agreed in memorandum of settlement under sec 89 Crpc R/w 24 & 25 of Karnataka Civil Procedure (mediation) Rules, 2005 as following agreements
1. I have to gift my flat to her and also she agreed to pay the remaining EMI once the gift executed because the flat is under mortgaged.
2. I given that flat for rent, she agreed that tenant can continue till his lease period.
3. The advance amount which i collected from tenant that i have to give her in way of DD.
4. Both Gift deed original and DD i have to hand over to her in front of the family judge on next hearing date.
I have executed the gift deed and i have mentioned the condition in gift deed as well,
"That the Donor declares that the property is under mortgage in favour of corporation bank, Koramangala branch, Bangalore with outstanding loan amount 12,44,277 as on 31/05/2013 and henceforth Donee shall be responsible to take over the entire liability of discharging the loan by paying EMI with effective from July 2013 onwards and discharge the Donor from loan liability by providing alternate sureties."
But after executing the gift deed, she refused to pay the EMI and also she didn't come to the family court. Family court judge told for cancelling gift deed file a OS suit and now the matter is contest in family court.
Now i am only paying the EMI and the tenant is giving rent to me. Original gift deed with me.
My question, If i file a OS suit Is there chance to get my property back?
Devajyoti Barman
(Expert) 04 April 2014
yes, you can file civil suit for declaring the deed of gift as null and void as fraud was played you while executing the said deed.
ajay sethi
(Expert) 04 April 2014
once gift deed is executed donee is absolute owner of property . title passes on to donee . if however donee refuses to comply with conditions laid down in gift deed move court for declaration that gift deed is null and void and for cancellation of G deed
Rajendra K Goyal
(Expert) 04 April 2014
you have to move to court for declaring the gift deed null and void as the mentioned conditions were not fulfilled.
