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Lakshmi Prasanna Pendlimarri   22 January 2022

Gift Deed after filing partition suit

I am and others are defendants in one partition suit stating suit property partitioned by oral but not metes and bounds. For that suit, 5 plaintiffs are there. Very recently, 2 out of 5 plaintiffs executed 2 registered gift deeds in favour of their sons with specific boundaries and distances in all 4 sides in suit property. We are not yet filed counter for partition suit.

Please help us
1. is court considers both 2 registered gift deeds(as gift deeds executed after filing partition suit) ?
2. What is meant by metes and bounds? is Document with specific boundaries and distances in all 4 sides represents metes and bounds ?
3. Is suit can be dismissed on above ground?
Thank you in advance


 3 Replies

kavksatyanarayana (subregistrar/supdt.(retired))     22 January 2022

When a property case is pending in a court, no alienation of that property can be done. Suit may be dismissed but depends on the merits/demerits of the case.

Adv. Mohit Chahal (Advocate)     23 January 2022

1. Gift deed can only be made of self acquired property. Further, all deeds pending litigation are subject to final outcome of case.

2.Yes

3. No, but you need to bring the fact of said gift deed to the knowledge of Hon'ble Court through your written statement for showing conduct of plaintiff.

Dr J C Vashista (Lawyer)     23 January 2022

1, Of course the Court is required to be emphasised qua gift deed executed during pendency of partition suit which shall be considered on its merits.

2, Delineatine boundries of the land.

3, It depends upon nature of land gifted.

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