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mrv16071997 (N.A)     17 September 2012

Definition of 'consent'

sir,

After my father's demise, all our family member's entered into a registered  partition deed. in that deed a particular land was not identified by us. so we decided to leave that un-identified land/sites in favour of my mother. on condition that she shall, with CONSENT of all other members shall dispose/sell  the land/site if found identified.

recently, we came to know that my sister's son has got a gift deed registered from my mother pertaining to the un-identified land/sites without our majority consent.

Now please let me know:

1) The gift deed executed by my mother, without our knowledge is valid/not?

2) what step can we take now, as my mother is illiterate.

3) The site gifted, by my mother is fenced recently by my sister and her son.

4) what exactly the word 'CONSENT' mean in legal terms, whether it is oral consent or written consent, which is the one valid legally?

Thanx

mallesh



Learning

 1 Replies

Adv.R.P.Chugh (Advocate/Legal Consultant (rpchughadvocatesupremecourt@hotmail.com))     17 September 2012

On such a technical issue a perusal of the document is pertinent. However I'd answer tentatively - 

In such a case since the restriction on mother to transfer/sell/gift that particular peice of land is not absolute, meaning thereby she is not absolutely restricted from selling, she can sell but with a rider i.e consent of all others. In such a case in absence of consent the Gift Deed can be challenged - it would be the onus of your sister's son to prove that everybody consented. Consent here means oral or written. Having said it would be almost impossible to prove oral consent, which works in your favour. 


Bharat Chugh

Advocate Supreme Court of India


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