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registered gift settlement deed vs sale deed


Hello,

My father gifted(Muslim gift) me one of the flat in his apartment building in which i was living .The same was later on registred as a Gift Settlement deed when i was in the gulf. My uncle became my Power of Attorney as i was in gulf and i sent them the gift settlement deed attested by indian embassy which was given to me by my father's attorney.I also payed the money for the registeration.

After a gap of one year my father called me and told that he wants to rent the apartment to one of his aquintence as it was ideal and i was abroad.I took his advice and asked him to rent it and to do whatever he feels right.Based on our telephone discussion my father moved all my household items into one room and rented the remaining flat to this person.

After a year my elder sister called me and told that there is a paper publication that tenant has purchased my flat paying a sum of amount to my father and he vacated the room in which my my household items were kept and left them outside.

I immediately asked my uncle to look into the matter and we filed a case.

After two years of filing this case my father expired as he was also made a party.

Kindly advice, which document holds good is it my registered gift settlement deed or the sale deed which was done without cancelling the gift deed.

Hope to get an expert advice.

Many Thanks

 
Reply   
 
Advocate/ Asst. Manager(Legal)

Dear Javed,

                      As you write that your father was passed away after two years from filing of case but not disclosed that which type of sui you have filed against the tenant and how many cases are presently exist either filed by you or tentant. because your father was also a party made by you, whether he made a evidence on paper or filed any affidavit before court before his death? in the nutshell if there is no evidence or affidavit filed by your father and your gift deed was registered and duly signed by your father and uncle than definitly you have a chance to win but one considerable thing is still left that in the sale deed made by your father who was the witness and how many witnesses has signed the sale deed.

 

Regards

Dinkar Vidyarthi


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Proprietor

Javed, you are not clear how your father sold when once gifted to you. What was his stand in courts when he was alive, as to the sale. As per law a gift is a legally valid transfer. If any property gifted to any one,  he or she will become rightful owner but such property is liable for attachment against he liabilities of donor during his life time or after, since the gift transfers are without consideraion. In all other aspects there will not be much difference in regards titile by gift vis. a vis sale. 

In your case, it is quite ambiguous that once when voluntarily gifted by your father with love as consideration and registered in your name why should he sell it without your consent.

 

Hari Mehar

advocate, visakhapatnam

9246625646

 
Reply   
 

Dear Mr.Dinaker and Mehar,

Until this day we are unable to trace as what exactly happened that the sale deed was executed.On my return to india i asked my father as to why he executed the deed.He simply answered that he didnt sell it and he has not taken any money. The fact is he never approached the court neither the tenant persuded him to approach against me in the court.It was i who made him a party on the advice of my lawyer and inspite of he getting notices from the court never recieved them.

He was 78 years old at the time of filing this case and became a patient of demantia in his last days.Had difficulty knowing the location of our building.We dont know how the tenant persuded him and made him sign a deed by paying peanut price of 500000 for a 1700 sqft of flat in year 2004 in the busiest locality of secundrabad.Even on offering to return the money he claims to have paid to my father he is not agreeing.We cross checked with my father bank account and found no such deposits and the amount mentioned on the sale deed is in cash.

The whole transaction is fishy and i am stuck in the title suit since last six years waiting for dates. The relief wanted by me is to cancel the sale deed and hand over the possession of property to me where as the counter filed by the tenant is to dismiss my case on the basis that father and son cheated him by allowing the sale deed to get registered even though the father was not an owner and later the son claims to be an owner.

My non-availability in india is an advantage for the tenant and the lethargic attitude of my GPA and two of my past lawyers simply delayed the case and a loss of considerable amount of money.

I just came to this forum to understand whether i am on a wild goose chase or is there going to be final relief for me.

I will like to mention here that my relationship with father was in the best state until his demise and i never bothered him or tried to trouble him by asking about the property and was always with him on my last two visits before his demise.

Hope you will advice.

Many Thanks

 
Reply   
 
Advocate/ Asst. Manager(Legal)

Dear Mr. Javed,

                           After consider your latest averments, I would like to know, whether you have any injunction or stay in your favour and against defendant? Secondly, what is the stage of the case? As you write in your previous averments. these all is considerable at the time of arguments and cross examination. I hope and have full confidence that if you will hire the services of reliable professional as well as a Attorney, who will conduct the case in your absence, then you will definetely be a winner. Go ahead and be confident, because it is a property gifted to you by your father as such a symbol of blessing of your father to you.

 

Regards

 

Dinkar Vidyarthi

 
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Partner in the Law Firm

Hello Mr. Javed,

                            In terms of gift deeds, once the gift is received by you, you shall be the absolute owner provided if your father has laid down certain conditions while delivering it to you. From your statements it can be understood that he has not laid down any conditions prior to the execution of the gift or after it. And since the gift deed would have been registered prior to the sale-deed,you need not worry at all!!

 

Regards,

Jayaprakash

 
Reply   
 

Dear Mr.Dinaker/Jayaprakash,

Thanks for your reply.My lawyer is confident about the case going in my favor.But the delay is unusual and the tenant is enjoying the property since last 6 years. He is happily enjoying the property and at this rate it seems he will for another few years. What i feel is,there must be a way to ask him to pay for occupying the property..not to me but to deposit in the court.What exactly i must do or ask my lawyer to do so that the court asks the tenant(he has told the court that he was never my tenant and he is a direct owner)to pay for using the property.

The fact remains that it is a disputed property and he is enjoying it and i am not. So,i feel there has to be a way to either seal the property or the person occupying it must pay.

I will appreciate your advice.

Kind Regards,

Javed

 

 
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my question is

if father gifted to the son?  the son took the physical possession in the flat.

 
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Partner in the Law Firm

Hii Mr. Javed,

                       You should file an Interlocutory Application before the court and convince the court that you have all the necessary documents and that you are the absolute owner during the arguments of I.A. If the court feels its justified it shall pass appropriate orders for the time being and may disposses the other party. And the court cannot ask the other party to pay rent as the dispute is not that of a tenant-owner relationsip, instead it may direct the other party to pay compensation in the final decree.

 

Regards,

Jayaprakash

 
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