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Nikilankumar (mechanical)     22 November 2018

Gift settlement

Hi sir,

will there be any issue if gift settlement was not cancelled through court but it has been cancelled unilaterally by parents and subregister?

After consulting with lawyer carefully,I  bought a Plot  from real estate person in 2018 and the actual land was sold to realestate by one of the politican. 

Now I am in the process of applying loan to build a house but Bank guy  is telling that  there is some problem in my registeration as the registration done was based on the cancellation of Gift settlement which was not offically cancelled through court.

when I tried to solve this problem, I came to know that Politican has 3 sons and one daughter. 

some of my freinds are telling that the politican would have created Gift settlement deliberately in 2009 to two of his sons and Two years later he would have cancelled that settlement in 2011 unilaterally with the help of subregister and  lawyer  so that the potitican's son  would be able to calim the land back.


So far Politicain's son has not filed a case against my plot and two of my friends constructed houses also on the plots which was sold by politicain.  

Can you please  guide me how to solve the problem ? If politican's son approach court ,  what should i do ? will there be any chance for me to win a case ? or should i start creating any evidents ? 



Learning

 13 Replies

G.L.N. Prasad (Retired employee.)     22 November 2018

There are two issues involved

1.Satisfying Bank and seeking loan

2.Clearing clouds of doubts on good title.

Contact local advocate as date of purchase, powers vested with sub-registrar for such cancellation and documents obtained for cancellation of such gift deed, signatories to that deed etc., are to be verified with such mutation etc., of the property.

 

K.K.Ganguly (Advocate)     22 November 2018

1. Gift Deed registered can not be cancelled by the donor.

 

2. Due dliligence report from a lawyer should have ben collected before registering sale deed in connection with the said property.

 

3. If the said land has already been gifted to the son of the politician through a registered gift deed, the politicioan can not sale the same to you again s per law.

 

4. Lodge qa police complaint against the politician for cheating you and also file a Money Suit claiming refund of the amount paid by you with interest, damage and cost.

1 Like

Shanmugam .C   22 November 2018

Sir, You hvae not clerly inormed whher you have obtained EC before Registraion. If  as per EC you have  complete your Regn,. You may give complaint with Police against  encrocher as well as Sub Register .

Nikilankumar (mechanical)     23 November 2018

Hi Sir,

I have made registration based on 30 years EC. The registration and cancellation of thana settlement has been updated in EC also .

when I took legal opinion from one of the local lawyer, he told me that thana settlement can be cancelled since politican's son did not possess the property and change the patta also on their name. Now the same lawyer says that thana settlement should be cancelled through court, not by registering unilateral cancellation document.  The lawyer is very close to politician's son. 

Thana settlement was duly signed and got registered only by politicain not by his sons and even cancellation of thana settlement was signed and registered by politican , not by his sons.  The cancelleation of thana settlement was very well communicated to politician's son 6 years ago and More than 10 people bought the plots from politician based upon the cancelled thana settlement .

So far the politicain's sons has not filed a suite against the cancellation of thana settlement and even he did not try to obtain  patta also though the thana settlement was cancelled  6 years ago . Morover, Few of my friends constructed house on some of the plots by obtaining valid patta .

So, Can you please clarify If Politicain's  son can claim any rights on the properties in future  by refereing  thana settlement that was registered 8 years ago by his dad and if they can challenge the unilateral cancellaltion of thana settlement  which was cancelled  and registered 6 years ago? 

 

 

 

 

S.N.Raj Kumar (Advocate)     23 November 2018

dear nikilan, ask the politition's sons to execute the ratification or confirmation of sale deed in your favour with respect of your plot ( if possible )

 

G.L.N. Prasad (Retired employee.)     23 November 2018

Carefully go through guidance issued by professionals, and do not state facts, step by step only when it was asked.  The issue here is to convince the Bank for a loan.  This was your opinion on your own case.

'Pro

When I took legal opinion from one of the local lawyer, he told me that thana settlement can be cancelled since politican's son did not possess the property and change the patta also on their name.

Cons:

Now the same lawyer says that thana settlement should be cancelled through court, not by registering unilateral cancellation document.  The lawyer is very close to politician's son. "

This was the expert's opinion:

1. Gift Deed registered cannot be canceled by the donor.   2. Due dliligence report from a lawyer should have been collected before registering sale deed in connection with the said property.   3. If the said land has already been gifted to the son of the politician through a registered gift deed, the politician can not sale the same to you again s per law.   4. Lodge a police complaint against the politician for cheating you and also file a Money Suit claiming refund of the amount paid by you with interest, damage and cost. 


 

Kumar Doab (FIN)     23 November 2018

'Buyer Beware' applies to property deals.

It shall be appropriate to get proper legal opinion from a very able LOCAL senior counsel of unshakable repute and integrity specializing in revenue/property/civil/DRT matters and well versed with LOCAL applicable rules/laws and having successful track record…. and worth his/her salt , before signing or making payment.

This may cost some FEE but can defend long term interest and hard earned monies.

 

Obtain proper legal opinion in writing and proper receipt of FEE paid.

Registered gift deed is to be cancelled by donor and done by appearing before regisytering Authority.

Unilateral cancellation as posted in your query may not fetch any relief to you.

Or court can revoke the gift deed.

Apparently the Title is not perfect. …And Bank/lender is right. The counsel contacted by you is to reply to you.

If said vendor is alive approach to help and correct the error.

Or legal heirs can help.

Or court is to help you to perfect the title or get you compensation fro estate of vendor (alive/deceased).

Keep possession of land with you.

1 Like

Kumar Doab (FIN)     23 November 2018

You may take help of elders of your family, competent and experienced well wishers, seasoned PIP’s, helpgroups, community leaders, NGO’s, experienced colleagues, associations, religious scholars/leaders, influential persons, Employee’s/Trade union leaders  etc and  find a very able LOCAL counsel specializing in concerned filed of law e.g; Revenue/Civil matters as in your case, and well versed with LOCAL applicable rules, precedence, latest judgments etc …. and worth his/her salt, can advise you after examining all case related docs, inputs,  evidences on record.

Obtain proper legal opinion in writing!

Avoid acting on your own on hearsay.

One should not fall for IT’s and entities loitering at online portals to allure unsuspecting querists. There are many threads on such instances at LCI also.

Online discussions are not substitute to in person discussions with a very able counsel of unshakable repute and integrity specializing in concerned field of law.

There are such very able counsels at each location.

Check for such counsels at LOCAL; Civil Courts, HC, SC,..

You can also try for FREE legal Aid from Legal aid center (DLSA) that is usually within LOCAL courts complex..preferably from a very able counsel specializing in Revenue/Civil matters.

Your counsels  may opine that you can appear on 1st date, and obtain copies of petition etc to reply later ….and inform the court that you shall be engaging a counsel and appear thru your counsel….Or your counsel can appear and obtain copies of petition etc and reply later.

Your counsels can advise after examining all docs/record/inputs pertaining to your matter and help you. You can also search threads on similar query in SEARCH option ON left Hand side of threads in Forum/Experts section. Having learnt a lesson, remember to consult beforehand for your matters or any matter about which you are not properly informed.

 

If stakes are high in matter posted by you, and you are not properly informed then you should not hesitate to engage a very able counsel/Law firm specializing in such matters. The FEE of all LOCAL counsels at all LOCATIONS is not high/unreasonable as mis-believed by many.

Many counsels even at State Capital/Metro towns  do not demand unreasonable high FEE.

IT is rather at online portals that unsuspecting querists are mislead as per many publications, by IT’s and Entities that pose as some Lawyer (actually LIAR) and flaunt/advertise firms that are not Law Firms (Actually LIAR’s Firms) to believe that LOCAL counsels are not knowledgeable..are incompetent.

In Reality the LOCAL counsels win cases in LOCAL courts at all LOCATIONS.

 

One of the vendors being apolitician won't matter in courts of law.

Nikilankumar (mechanical)     23 November 2018

Hi Sir,

I have approached two lawyers today but  two of them are giving two different opinions.

Here are the two opinions:

Ist opinion:
My first lawyer has asked me to keep quiet because  Nobody has raised any concern from politician's family except bank guys for almost 5 years after cancelleing thanasettelement. 

He explained me after reading the cancellation of thana settlement document that There is no issue on holding the properties aswell as  on the procedure of  registeration   Since Politican's son ( donee) did not sign on the thana settlement at the time of registering thanasettlement  and Donee also did not try to change the patta  till Donor cancelling the thanasettlement.

Moreover, Politician ( Donor) has clearly mentioned on the  cancelled Thana settlement that he is cancelling thana settlement since his sons did not want to accept this gift and politiican only owned  the properties as date of cancellation.

After cancelling thana setllement, Politican has made two more thana settlement to one of his dauguter and one of his Grandson (Donee's son) also.

He is asking me not to worry because It has been 5 years since thana settlment is cancelled  and nobody from politician's family creating any troubles. 

 

2nd opinion from another lawyer:

Though (donee ) politician's son is not claiming any rights as of  now, after few years or once doner is passed away, Politician's son or may be his grand son will go to court and challenge this properties since thana settlement was not cancelled as per Law.

He has advised me to go to police station and get the NOC from his politician's son.

----------------------------------------
Now I am bit confused what should I do ?  my family wants  to build the house by taking loan and using all my savings.. After building house, If some one come and file a case against  my house, My entire family will be collapsed... 

So can you please advise which steps should I take? 

If i go to police station, I can not fight with politican's family becasue  they are very rich and powerful... Moreover I am not very much sure whether  they are very kind and they will  sign a document once I approch them...  

 

 

 

G.L.N. Prasad (Retired employee.)     23 November 2018

This is a very sensitive issue and it is you that has to take a legally valid permanent solution.  Even if the Bank advances you the amount on bringing some pressures, if there is a case tomorrow, you can not claim any rights and also return the money to the bank.

Take a solution that is permanently secures your property safe from all issues.  Now you know all facts, if you can not take any action, and if some thing uneventful happens, your legal heirs may not know all your efforts and how to proceed.

Take a decision action and for the present be certain, no bank can advance you that amount against a valid legal opinion of their counsel.  The rest is securing the property which is fundamental part.  The best solution is  to dispose the property and search for another valid property to avoid all these complications, and as a common man you have several other things to do.  Mental peace and further risking hard earned money are priorities.

Kumar Doab (FIN)     24 November 2018

What is said ; Thana Settlement?

Is IT a settlement in Thana (PS)?

Or is IT Dhana Settlement or say some Gift deed or say Settlement deed?

 

In the meantime you may go thru;

 

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 05.08.2016 CORAM: THE HONOURABLE MR.JUSTICE S.S.SUNDAR W.P(MD)No.10493 and 10535 of 2013 and M.P.(MD)No.1 of 2013 W.P.(MD)No.10493 of 2013

Santha Suresh .. Petitioner

Vs. 1.The Sub Registrar, Kodaikanal Sub Registrar Office, Kodaikanal, Dindigul District. 2.S.Saraswathi .. Respondents

Decided on ; 05.08.2016

Kumar Doab (FIN)     24 November 2018

 

Hope you shall take IT positively!

 

As per query donor and donee ( Or settler and setlee) ; both have not appeared to sign the deed and cancelation before Sub-registsrar….and donee or setlle has not signed the sale deed in your and other cases………………..implying that you and your counsels want to agitate that (or prove) that said deed wjhatever IT is not valid and title of the property is not/was never ….. Alinetated.

And that mutation records were never updated.

IT could be a ray of hope or IT could not be.

All depends upon documented facts and authenticated copies.

 

You may (Rather MUST) obtain mutation reords with all link docs (i.e settlement deeds …for previous said thana settlement and later more in favor of daughter and grandson) and show these to a very able counsel (reiterated) for a considered opinion.

Was said thana settlement in favor of daughter and grandson from property that was already sold to you and other’s?

 

Anyone can approach court. Court shall decide on merits.

 

You should rather be thankful that lender/Bank has rendered the opinion to you and awaken you.

You should offer them sweets and dry fruits.

You have grossly erred by not taking proper written leal opinion before signing, paying for agreement and for sale deed……GO thru ‘Buyer Beware…….’ Again.

 

If the politician’s offsprings and the children also jump into politics you shall have many politicians tomorrow asking for the property.

 

You and others can act NOW to defend your interest and keep your fingers crossed.

 

Raise the boundaries, keep the possession with you and don’t leave IT unattended and don’t vacate.

Kumar Doab (FIN)     24 November 2018

Find a good and very able counsel.

A good counsel is not afraid of anyone be IT politican(s).

When the whole world is pitched against someone IT is God in the sky and a counsel on the earth that sails you thru the troubled waters.

  


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