Jaya (student) 30 September 2023

Declaration that gift deed is collusive antedated

A filed a suit stating that B had executed a registered sale deed in his favour, but subsequently C claims that B had already executed a gift deed in favour C prior to execution of the sale deed. The gift deed was however registered after the registration of the sale deed. A alleges that the gift deed is executed by procuring antedated stamp, is collusive and void. C contested the suit but did not adduce evidence. A submitted document regarding his title (sale deed) , tax, mutation documents etc but couldn't lead direct evidence to show that the gift deed is collusive and antedated. Can A get the decree?

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3 Replies

T. Kalaiselvan, Advocate (Advocate) 01 October 2023

A has purchased the property by a registered sale deed.

If there is a claim for gift deed that too reportedly executed post the sale deeed, then the gift deed is null and void hence the case againat the donee will be dismissed.

A will be declared as legally valid title holder to the property.

By just buying the stamp papers prior to the execution of sale deed cannot be considered as a legally valid transaction.

Dr. J C Vashista (Advocate ) 02 October 2023

A has purchased property from B accordingly A is titleholder.

C states the said property was gifted before execution of sale deed, but C couldnot produce evidence to prove his claim. It implies that A have valid title to sale it to B

Consequent upon sale of property by A to B, title and possession stand transferred in the name of B, hence A cannot be granted decree.

Vague and confusing statement.

Pima facie it is a moot court topic for author of query, Jaya, a student .