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Common Man (Occupation)     06 October 2016

Gift deed revoke

Mr. X self acquired proprty has been fraudently taken as gift deed by his daughter. It is registered. Mr. X passed away 2months after registration. Meanwile, his son made him lodge a complaint against section 420 and also got a will registered on X's wife's name when he is alive. He also sent a legal notice to her by taking GPA from X's wife as per will after X's death. Now hw should he proceed further to take the property and collect rents in it? 

Awaiting for your valuable suggestions



Learning

 6 Replies

G.L.N. Prasad (Retired employee.)     06 October 2016

The proper way is  praying the court for cancelllation of  the Registered gift deed and seeking  declaration  by  filing suit.  The fraud and forgery must be established by the plaintiff.

Contact a dependable advocate.   This is not that easy to get a title by filing just a criminal complaint.  You will be in trouble if the property gets sold by daughter on the basis of such registered gift deed.

adv.bharat @ PUNE (Lawyer)     06 October 2016

Hello word how r u related with this question? What is the reply given to notice send by his son? To collect the rent of the property u need to take legal heir certificate from the court.

 

Kishor Mehta (CEO)     06 October 2016

Sir, Please understand that a gift deed, properly and legally stamped executed and registered, can not be cancelled even by the donor himself. Good luck, Kishor Mehta

Common Man (Occupation)     06 October 2016

They havent given any reply yet coz there's time given for the notice. Legal heir certificate is there and she is also the legal heir. But can the son after taking GPA from his mother for the will by his late father register a case in court and get a stay so that he can reside in the house looking after his mother because his sister is asking him to vacate the house as he trespassed without her permission. She also said that all these years she took care of her parents and will continue doing the same to her mother if he vacates immediately.

1.)How can he defend himself and get a share in the property coz he has debts to clear?

2.)How to prove to court that the gift deed is done by manipulation coz he also has a letter signed by his father that it is done by fraud? Will it be valid?

Please help.

Common Man (Occupation)     06 October 2016

No sir, this is a query from my father's family. Can u help me regarding the above query?


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