(Guest)

If unjust disposition of property is suspicious circumstance

Hello respected lawyers,

Hon'ble supreme court in a verdict said that Unjust disposition or unfair exclusion of legal heir by the way of registered will be considered as suspicious circumstance. If this same rule applies to gift deed also?

Thanks

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4 Replies

Hemant Agarwal (ha21@rediffmail.com Mumbai : 9820174108) 21 September 2020

1. YES .... It would apply to all types of Deeds.

Keep Smiling .... Hemant Agarwal
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Law Point 21 September 2020

unfair exclusion doctrine can only apply were the deed prima facie looks to be mala fide and illegal

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(Guest)

What are the criteria for malfied deed?

1. If it's done by person who is of advance age

2. If a donee is bed ridden and physically and mentally not fit however only 2 prescripttion are available to prove the same.

3. Donee who is in her good health use to sign but as health detieored she could only use thumb impression..on the deed

4. Original property documents delibertly removed from her custody few years ago

5. Loss of paper not mentioned in the gift deed

6. Admitted settlement not mentioned in the gift deed

7. Excluded legal heir were away when uncle got the deed done in his and his wife favour.

All of above are good ground for challenging the deed?

Thanks

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avadhesh Paliwal 21 October 2020

THERE IS MANY CRITERIA OF MALAFIED DEE WHICH MAY BECOME THE REASON OF MALAFIED DEED PLEASE MENTION THE FACT AND CONTACT US.....OR ANY ANY PRUDENT LAWERS