Validity of gift deed of property under partition suit
06-Nov-2023 (In Property Law)
Can i do a gift deed but my property is under partion suit and also has a injunction order on such property If done so is it valid?
opinion; The gift deed can do when title of the property is clear without encumbrance.you stated here that it is under suit for partition. you have no title on your share as on today. If you execute the gift deed before declaring your share is invalid in law. If it is your self acquired property and involved in the partition suit, until disposal of the suit you cannot execute the gift. When it is for partition, it means title and owner ship is under challenge.
Can a partition deed be canceled?
You cannot cancel a partition deed unilaterally. To do so, you need the consent of both parties. This seems impossible. What can you do? You could challenge the partition deed before a court claiming that it was fraudulent and you might have success.
What is the limitation of sale deed cancellation?
The Specific Relief Act of 1963, Sections 31-33, outlines when a deed may be cancelled. A sale deed may only be cancelled three years after the date it was registered. 3 Jan 2023
What is the limitation for filing partition?
In India, the limitation period for a suit relating to partition is 12 years. This starts from the date the right to sue was acquired.
Hello,
You can gift a Property only when you are the absolute owner of that property. In case of ancestral property your right must be severed only then you have absolute right to gift.
In your case since case is still pending you cannot gift or even write a Will as your share is not ascertained.
You can gift a Property only when you are the absolute owner of that property. In case of ancestral property your right must be severed only then you have absolute right to gift.
In your case since case is still pending you cannot gift or even write a Will as your share is not ascertained.
Section 52 of the Transfer of Property Act, enacts the doctrine of “ Lis Pendens”. Which means that during the pendency of a case, property which forms part of the subject matter of that case cannot be transferred.
More over, since a restraint order has been issued by the Hon’ble Court, property canno’t be transferred.
In case of transfer of such immovable property, the transferee becomes bound by the result of the suit.
In so far as the validity of the gift deed is concerned, gift deed will not create or assign any rights in that property, as subject matter of the gift should be your absolute property. Hence, the gift deed will be rendered not valid.
More over, since a restraint order has been issued by the Hon’ble Court, property canno’t be transferred.
In case of transfer of such immovable property, the transferee becomes bound by the result of the suit.
In so far as the validity of the gift deed is concerned, gift deed will not create or assign any rights in that property, as subject matter of the gift should be your absolute property. Hence, the gift deed will be rendered not valid.
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