Gift deed and how to get cancel agreement of sale.
Querist :
Anonymous
(Querist) 04 December 2011
This query is : Resolved
Sir,
1) My father got a piece of plot from his father by way of gift deed.
2) My father without our (myself and brother and married sister, all are majors) knowledge made an agreement of sale to his brother for selling the said plot to him. The agreement of sale (not registered) is written on a Rs.100 stamp paper simply containing that my father selling the said plot to his brother for a sum of “x’” rupees and my father is in receipt of “x” rupees as an advance and the balance amount will be paid to my father within one month for registration of the said plot.
3) When we (myself , my brother and sister) heard about the said agreement we made a news paper public notice through advocate stating that the said plot my father got from his father and we, the children are also having the rights on the said plot and if anybody purchase the said plot without our consent, it is legally not valid and will not made responsible us and also served a notice to our uncle (my father’s brother) stating the same.
4) After that we convinced our father not to sell the said plot and we will pay monthly maintenance to him to register the said plot in favour of us. My father agreed for the monthly maintenance to be paid by us and to register the said plot in favour of us.
5) But the problem is that our uncle is not agreeing to cancel the above said agreement of sale even if we pay the advance along with interest taken by my father from him for selling the plot.
6) In the meantime, what happened there is a court direction to stop the registration of plots which are not having layouts. The subject plot is also comes into this category which is not having a layout. But the said plot is commercially valuable.
7) Now, almost two months over registrations are not happening and my uncle has also not paid the balance amount to my father which he is supposed to pay within one month for registration of the plot. We heard that even if the registrations are stopped he has to pay the balance amount to my father ) and he has to get register the plot whenever the registrations are okayed by the court. (whether it is correct or not kindly clarify ?)
8) In view of the above, our query is that, is there anyway to my father to get cancel the agreement of sale made by him to his brother and to get the register the said plot in favour of us and we pay monthly maintenance to him which will make happy my father and us. If possible pls reply on kishorek_in@yahoo.com
Shonee Kapoor
(Expert) 06 December 2011
No, whatever he got as a gift, he is absolute authority to dispose the same.
Regards,
Shonee Kapoor
harassed.by.498a@gmail.com
Sailesh Kumar Shah
(Expert) 06 December 2011
Gifted property is personal property in the hand of your father. you have no legal right to object for disposal.
However, your question is "there anyway to my father to get cancel the agreement of sale made by him to his brother and to get the register the said plot in favour of us"
Answer: File cancellation of agreement in the civil court, if terms and conditions of agreement not follow by your uncle.
