VALIDITY OF GIFT DEED IN THE PRESENT CASE AND OBJECTION RAISED
03-Dec-2023 (In Civil Law)
Validity of gift deed
Mr. A (owner of 2 story building) . Mr. B ( son of Mr. A)
Mr. B got second floor from his father via registered sale deed 1999.
Mr. B in 2012 told to his father to reconstruct the building via builder.
Now Mr. B Execute Family GPA in Favour of his father( Mr. A) . and according to collaboration agreement Builder will make 4 floor out which 3 floor and 4 floor will retain by builder
and 1 & 2 floor with 10 lac rupees builder will pay to Mr. A.
and as per clause of collaboration agreement that he & his father will equal share holder of money and floor constructed by builder.
In 2014 Mr. B made one sale agreement and in which he bought one floor from his father for Rs. 12 Lac ( Market value 70 Lac).
In 2015 when Mr. A via gift deed transferred to other floor his daughter.
Mr. B raised objection against gift deed & said as per GPO we both are equal share holder of both flats. out of which you sold your share via sale deed to me. now how can you transfer my
Gift Deed is void at face of it. He reserves no right to execute any deed as he is no more the owner. You are required to move for specific performance and challenge a deed.
Please feel free to reach out for further assistance
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Respected sir
you stated that you are the equal share Holder in above the said property and further you stated that your father via gift deed transfer the property in his name of daughter .now you can file a cancellation of gift deed .
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As per the facts mentioned above it is clear that the transactions have been made without proper consent of the owners/title holder(s). Proper facts need to be mentioned to avail a concrete advice. Unless the correct facts are mentioned the advice would not be effective. You must consult a competent lawyer who has expertise in Civil Cases.
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