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Hemal (SELF)     09 September 2017

Gift deed legality of a property jointly held

Dear Sir Me and my ex wife for divorced 4 years ago thru mutual consent and during agreement, she had agreed to relinquish her share from our residential property, within 1 month of securing Decree. However, later she refused to do so tasking advantage of technical error in Order passed , where in this condition was missed to be mentioned, though clearly mentioned in the Judgement of the Order. As I applied for Order amendment, she swiftly made a Gift Deed of the Property Share in her brother’s name, got it registered ( original Share certificates are in my possession) and now asking our housing society to transfer her shares in male of her brother by virtue of the gift deed made. In view of the above, you are requested to advise the legality of such gift deed and the action if any to be taken from my end to get the same invalid. Hope for your favourable response soon. Regards HM



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 3 Replies

Kumar Doab (FIN)     09 September 2017

Same Query:

https://www.lawyersclubindia.com/forum/details.asp?mod_id=153761&offset=1

Kumar Doab (FIN)     09 September 2017

Court alone can revoke the gift deed if any fraud is committed..............

Kumar Doab (FIN)     09 September 2017

Apparently your lawyer performed his part upto which he/she felt that he/she  was engaged.  

Forget about who, who, why etc etc now.

There is NO order to society restraining it. Approach very able senior LOCAL counsel of unshakable repute and integrity specializing in such/Civil matters with all docs on record, case file to examine and opine on merits and defects...............     

 


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