Gifted property purchased and case filed by given person.

Question

Gifted property purchased and case filed by given person.

20-Sep-2023 (In Civil Law)

An Aunt, hindu by religion gifter her property to her nephew with registered gift deed. Stamp duty also paid. Nephew sold the property after 2 years. Then after one yeat the aunt files case against nephew and purchaser claiming with purchased amount that the nephew make the deed by betraying her with false sympathy. Now what should purchaser do as he already paid amount and constructed building on same property.

Answers (3)

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Advocate Rajni Tiwari LawRato · Accepted Answer · 2019-09-21T09:18:51+05:30

Answer #1

the purchaser has sole right of the property but with sale deed mutation entry should be made by the purchaser of the same property .and in case any case is filed then declaration suit has to be filed by the purchaser

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Advocate Pankaj Bajaj LawRato · Accepted Answer · 2019-09-21T12:43:43+05:30

Answer #2

It'll not be easy at all for that Aunt to prove her contention. What kind of evidence that Aunt has will decide the fate of his nephew and purchaser. Aunt has to show in court with concrete evidences that how her nephew betrayed her & how come she has waken so late, when after the transfer, property got sold and the purchase money has been realised by the nephew. This shows that Aunt has got lured after seeing the attractive and handsome money that her nephew has made after selling the property.

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Advocate Sujit S Mashal LawRato · Accepted Answer · 2019-09-21T13:43:13+05:30

Answer #3

First of all the purchaser should contest the suit and file his defence. He can take defence that he is the Bonafide purchasor for value without notice. The Nephew too has to contest the case by denying all the allegations and support the purchaser s claim.

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Adv. Sujit S Mashal Adv. Sujit S Mashal

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