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Prasanth K (Secretary )     23 November 2013

Cancellation of gift deed by third party

purchased a property from A. B is the wife of A. At the time of purchasing the property A informed me that B is only a Binamidar of the said property. Accoridngly I purchased the property. After the demaise of A, B and her associates tried to forcibly disposses me from the property. Accordingly i had filed a suit for Injunction before the Civil Court.B proceeded as Ex-parte in the said suit. But now C came and stated that B excuted a Gift Deed in favour of C during the pendancy of the suit.

My question is " Whether can i aproach the Civil Court for cancel the Gift Deed? if it so what is the procedure?
 



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 3 Replies

Laxmi Kant Joshi (Advocate )     23 November 2013

A gift deed of a property can only be made and has its legal value only when the property should be in the name and possession of the deed maker .

great india (manager)     23 November 2013

1.What if mother gets a property in gift by his son and sells it off. 2.But wife barges in the property files a dv case and resists vacating the property. 3.Can she challenge gift deed by son to his mother as now the property sold to a third party. 4.Divorce filed by husband against wife only after executing gift deed to mother.

Laxmi Kant Joshi (Advocate )     24 November 2013

@ great india A son can gift his self earned property to her mother by making gift deed on the requisite stamp paper and registered the same in the sub- registrar office , now your mother has an exclusive right over it , she can transfer this property to her name by filing mutation , she can sell it , gift it , etc.2 but here in your case you had gifted your property to your mother and just after you had filed your divorce petition and in between your mother had sold that property it all shows your pre-planing with malafide intention . your wife can raise her voice for justice against this conspiracy .

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