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How to cancel and challenge a fraudulently executed gift deed


24-Sep-2023 (In Property Law)
Sir, My uncle had fraudulently sold my granfather's property which was gifted to him along with building structure, stating it as vaccant land in the sale deed and the builder who purchased the same, demolished our common house building, and other structures of the house and raised new building by getting approval from the BDA authorities fraudulently and while the cases are being pending in the lower court, the builder again sold that property to another person because the I.A of all lower courts are vacated and now the third owner is again raising new construction by bringing new approval.How to make a stay for the construction going on and how to challenge the fraudulent sale deed ? At the time of the execution of gift deed the presence of house building and its valuation was mention but when my uncle sold the land along with the building property, he mentioned it as vaccant land to avoid the court fee fraudulently and after purchasing the builder demolished common house building.
Answers (2)

Answer #1
708 votes
If your Grand Father has gifted the property to your Uncle, then the sell by your Uncle is legal. Unless you prove that the gift deed was forged.
As you say, a civil suit is pending and stay was vacated. Another point is when the BDA has given approval to the building plan, it means the sell was valid.
Unless I go through all the papers, it will be difficult for me to answer further on your query.
Answer #2
571 votes
A couple of clarifications would be helpful for forming the opinion. First of all was the property of your grandfather a self acquired one or ancestral joint property? Secondly on what basis were the IAs vacated? A perusal of the gift deed as well as the orders passed in the lower court would be helpful to strategise a desired course of action. Thanks

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