By what means sales deed can be proved valid over gift deed?


Person 'A' sold a property to person 'B' in 2001 through registered sale deed & B's name is registered in the government land record (7/12), change record (ferfar) and all the legal documents. B has been the sole owner of the property till date (2014).

Today (in 2014) person 'C' claims to have received the same property as a gift from person 'A' through alleged gift deed registered in 1967; however C's name is not recorded in government land record (7/12), change record (ferfar) or any other legal document. C has filed application to register his name in land record(7/12 extract) by attaching true copy of the gift deed. (It is suspected that C does not posses the original gift deed.)

Other history of the property:
1. 'A' had gifted some part of property to person 'D' through gift deed registered in 1995 & D's name was recorded in government land record (7/12), change record (ferfar) and all the legal documents. Later in 2001, D sold his part of property to B through registered sales deed.

2. In 1987 'A' had won a case which was filed against tenants of the property and as a result, names of the tenants were removed from land records. (This might prove that A had interest in the property & played active role in the case in 1987)

3. In 1967, at the time of alleged gift deed by A to C, property's 7/12 extract had only A's spouse's name in it, who was dead by that time & A's name was not mentioned in 7/12 extract.

4. A passed away in 2008.

By what means alleged gift deed by A to C can be proved invalid? And under which acts?

 
Reply   
 
Advocate

Dear, Property not transferred is one legal proof, possession is alosso favourable to you and where were they since long periodi.e he was sleeping on his own right. Adv kapil chandna, 9899011450

Total likes : 1 times

 
Reply   
 


advocate

a person executed gift deed in 1967 but thereafter the other person take possession till 2014 ( 1967 to 2014) i.e. 47 years.

if you never claim over the said property with in 12 year, it is difficult to take possession. by the way you r 47 years latter come to claim. it is time barred to take possession.


Total likes : 1 times

 
Reply   
 
Advocate/Attorney

Since C has got registered gift deed he cannot be proved invalid.  C is the real owner as of now and as per your information.  The title has been passed on to C from A in the year 1967 itself. The change of name in 7/12 is only a matter of procedure. I can give elaborate opinion on production of Xerox copies of the documents. Though he has lost original he can obtain certified copy of the same from sub registrar office.  Even now C can apply for the change of his name in the 7/12 record.  B and D do not have any right, though their names are reflecting in the 7/12 records.  Once the C file application, the names of B and D will be removed.  

 

As the property disputes are complicated, it is not possible to explained everything here. I can give elaborate opinion on production of Xerox copies of the documents. You may contact for further clarification to 7893011777 or ravinder2345@gmail.com.  


Total likes : 1 times

 
Reply   
 
Advocate

A person claiming the property as his gifted property has to prove the same especially in the event of photocopies and not able to produce the original settlement/gift deed, therefore,you can file a declaration suit declaring  the title on your name as well as an injunction against him.


Total likes : 1 times

 
Reply   
 

LEAVE A REPLY


    

Your are not logged in . Please login to post replies

Click here to Login / Register  



 

  Search Forum








×

  LAWyersclubindia Menu