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pawan (director)     01 May 2015

Fraud leese property transfered as free hold

Owners of a Leesehold  Property transfered through a ll rights by registred GIFT DEED falsely as Free Hold

In many Clauses donors assured

1) That it is free hold,Free from any legal  issues  no leese ,lien,Payment,Legal or other issues or right of any one has  on it and even indemnified donee that if at any stage in future otherwise is found which hampers title of donee then they have to make good the loss suffered by donee and keep donee harmless and indemnified against all such cost,damages ,losses from donors other properties movable or immovable.

My Question is what are the best legal ways to safe guard donee for fast resolution. as after 5 years donee discoverd this cheating/fraud..

Can Gift deed or sale deed transferee has same rights.

Please guide

 

 



Learning

 10 Replies

Sudhir Kumar, Advocate (Advocate)     02 May 2015

Pay a lawyer for title search.

Sudhir Kumar, Advocate (Advocate)     02 May 2015

Pay a lawyer for title search.

1 Like

Sudhir Kumar, Advocate (Advocate)     02 May 2015

You can get price/consideration, if any back.

1 Like

Sudhir Kumar, Advocate (Advocate)     02 May 2015

repeated

https://www.lawyersclubindia.com/forum/details.asp?mod_id=120312&offset=1

T. Kalaiselvan, Advocate (Advocate)     04 May 2015

The clause is very clear that the donor since indemnified the donee on the gift deed, now being found that the transaction is based on false information, the donee can very well ask the donor to revoke the gift deed and pay compensation if the gift deed was for any consideration. 

1 Like

pawan (director)     04 May 2015

Dear sir no consideration paid except stamp Duty and registrations by donor.But in all clauses donor has assured that property is free from any leese , pending duse etc .Can donor claim it back.what are the legal ways

T. Kalaiselvan, Advocate (Advocate)     04 May 2015

Being a leasehold property ther are imminent danger that the lessor knowing about the gift deed shall file a suit for declaring the same as Null and Void at a later stage for the reason that the donor is not having a valid or marketable title to execute the gift deed, the donee may have to give up the property by the ordernof the court, hence to avoid embarassing situation at a lagter stage, it is better to ge the gift deed revoked now itself by both the donor and donee executing a cancellation deed at this right time. 

1 Like

Sudhir Kumar, Advocate (Advocate)     05 May 2015

fully agreed with Mr Kalaiselvan

1 Like

pawan (director)     05 May 2015

Donor will not help as property value has increased.Kindly help

1)Clarify can donee file claim for compensation of current market value or loss due to donor faults from other propery movable or immovable ( as per agreed gift deed clasues) .

2)Can donee himselft try to get property freehold on the basis of gift deed and pay pending payment and claim same from donor.

T. Kalaiselvan, Advocate (Advocate)     05 May 2015

In the leasehold property, the donor will not be the owner of the property hence the gift deed executed by him itself is abinitio null and void. Therefore any clauses or terms contained as recital in the registered gift deed will not be binding on the original owner. The donee, if has paid any consideration for the property received as gift from the donor has to reclaim it by issuing a legal demand notice, failing upon which he may initiate a money recovery suit considering the invalid gift deed as acknowledgement for the money received towards the said transfer of proeprty through the gift deed in question. For further clarification, the recital of gift deed is to be seen.

1 Like

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