Criminal Trident Pack: IPC, CrPC and IEA by Sr. Adv. G.S Shukla and Adv. Raghav Arora
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swatikulkarni   30 June 2016

Is it valid sales deed?

Background:

Father-in-law (alive) received property through registered gift deed from his father (passed away).

In 2010, father-in-law sold property to the builder. While selling property, Sales deed was signed by Father-in-law, one son, two daughters and mother-in-law. All signature holders received amount from the builder.

One of his daughter (not involved in above deal) was totally ignored and she was not even informed about above deal and she came to know this sales deed in 2016.

Question:

1. Should there be a registered Gift Deed from Father-in-law for beneficiary (Son, Daughter and mother-in-law) and then beneficiary should sign Sales Deed?

2. In above case, since it is self earned property of Father-in-law (due to valid gift deed), is it allowed to share property amount with family members (Son, Daughter and mother-in-law) directly by signing in the Sales Deed by family members? (Builder directly issued amount to Son, Daughter and mother-in-law.

3. Since only Father-in-law received property through registered gift, he is the only legal owner of this property. But Sales Deed was signed by Father-in-law  and his blood relatives (Son, Daughter and mother-in-law). Is this Sales Deed valid?



Learning

 4 Replies

Kumar Doab (FIN)     30 June 2016

How are you related with this matter.

 

You have already understood the matter, as it is evident from the query.

The family members of FIL must have signed as consenting witness.

 

swatikulkarni   30 June 2016

Role of family members is not only as witness, as they already received money from the builder.

Main question: Is this sales deed valid?

Kumar Doab (FIN)     30 June 2016

If the family members of FIL  have signed as consenting witness, then it is not defective.

If other family members are paid as per consent of owner then it is private agrement amongst themselves.

You may obtain copy of the mutation record and all link documents and show these to a very able counsel specializing in such/property/revenue/family/civil matters for a considered opinion.

 

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JustAdvisor (IT)     30 June 2016

as such burden would be on person who is claiming it to be invalid to show it so in fact or law. in this case since your FIL who is the exclusive owner is a party to the transaction, challenging this deed may be an uphill task. nevertheless engage an able counsel if you have interests in the matter.
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