Latifa Mulla
Asked November 16, 2016

Land taken by fraudulent gift deed

  • 1 Answer

civil case no.os192/2015 hai.mere pati unke bade brother k pas cycle shop me 15 years kam kar chuke hai. wo 1 land lekar uspar construction kar k complex bana diya hai.wo sabhi rent base par diya hai.wo sabhi rent unka bhai hi leta hai.wo property mere pati se unhone dhoke se geeft deed kar k liya hai.wo property land kharidate samay us property k upar mere pati ka nam hai.lekin hamare pas kharidi paper nhi hai.humne stay order liya hai.aur cavit bhi kiya hai.aur abhi humne rent court me jama hone k liye aur geeft deed cancel karne k liye apil kiya hai.kya ye ho sakta hai.par humare lawer case k liye aate nhi hai.sirf hamare pas hi paper de k bhejate jo rent aur geeft dded cancel karne k liye apil kiya hai uska last date opposite party ka 25-11-2016 hai.kuch direction kijiye.mai bahut trouble hu

Answer 1

Default avatar
Srija Choudhury
Going by the facts provided by you, it is safe to say that your brother in law has fraudulently tricked your husband to execute a gift deed in his name. It would be helpful if you could properly pen down the issues of the civil case in which you have got a stay order and caveat application is in force. Coming to the matter of gift deed, you can surely challenge it in civil court itself on the grounds that your husband unknowingly signed on some papers which were later used to make a fraudulent deed. A gift deed also has to be registered otherwise it is bad in law, you can challenge it on that ground if it is available. Important thing in this matter is that according to the law of limitation, you have to challenge the gift deed within 3 years from its execution. I advise you to find out the registered sale deed of the property from the municipality to support your claim on the said property to receive the rents from the construction build on that property. Try to take some time from court for the matter put up on 25/11/2016 in case you are asked to produce any kind of documents. Let us know what the opposite party has been directed by the court on 25 November 2016.
Agree Comment 0 Agrees almost 5 years ago

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