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santhakumar (Farmer)     05 October 2013

Sale deed cancaleation

My grandfather executed agreement with third person on (10-Dec-1998)  sale of land at Rs 100000 and party paid 75000 on that date and balance will pay within three month (Agreement they kept themself).

While same land on (19-feb-1999) my grandfather executed gift deed to his daughter and (19-june-1999) grandfather cancelled the gift deed which gave to daughter.

On 20-june-1999 executed will deed to his grandchild(Son Child) and during that time grandchild are minor so his son is guardian  . On 30-sep-1999 my grandfather passed away.

And his son paid 90000 with interest to third person sale of land (Agreement executed on 10-Dec-1998) and compromised them.

Will deed came to power as 30-sep-1999 my grandfather passed away and his son passed away on 21-april-2010.

And his daughter raise the case (on 2-may-2010) against grandchild (Now major) stating gift deed should not be cancel.

My question:-

A)sale of land deed period not completed(10-Dec-1998 to 10-march-1999)  while is it possible to execute gift deed.

B) Daughter raise the case (on 2-may-2010)  against grandchild (Now major) whether this case favor to daughter or grandchild. note from date of will deed executed to now land owned by grandchild and all the documents are in the name of grand child.

 

C) commissioner came and checked that land on 1-oct-2013. Some people to us (grandchild) if commissioner came to check the land this case is favour to them(Daughter). Is it true.



Learning

 2 Replies

T. Kalaiselvan, Advocate (Advocate)     06 October 2013

First thing, when there was a valid registered sale agreement as on the date of execution of gift deed, the gift deed is invalid and null and void.  However if due to any reason the sale agreement was not registered and same was cancelled on mutual terms, the gift deed so executed shall remain valid and cannot be revoked by the donor until it is a conditional gift deed and upon violations of the conditions or due an act of breach of the terms of the deed.  If it is proved that the gift deed is valid in law, the WILL deed made in favor of the grand child loses its validity and can be treated as null and void.  Please check the status in all the stages and seek opinion of a prudent lawyer.

santhakumar (Farmer)     07 October 2013

thank you sir


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