Legal Question in Civil Litigation in India

Hi,

My father registered land which is also a building in it as a gift deed to his mother with out having power of selling it to any one and after her death giving it to his big brother with all right. Now recently with out my father's knowledge my grand mother and the elder son went and registered to some other person taking some cash from him. Now my father didn't like what they did. So my father wants to cancel the gift deed he did. Once he does that will the registration grand mother and elder did is still valid and if we go to court after that what will be case?


Asked on 10/28/10, 8:43 am

2 Answers from Attorneys
Rashmi Bhatia Sangare Private Practise

If there was a condition in the gift deed that the property cannot be sold, than your uncle and grand mother's agreement for sale is void. If not, than they have all the rights in the world to sell the property.

You can file a suit for declaration that the sale deed by your uncle and grand mother is null and void.

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Answered on 10/29/10, 4:00 am
Sanjay. K. Dixit, Advocate. Sanjay K Dixit, Advocate @ Karnataka Bar Council Enrolement No: "KAR/898/2007"

Dear Sir,

You can file a suit for cancellation of registered sale deed upon the basis of mere conditions that subsists, and this within three years from the date of you're actual knowledge.

Thank You,

Kind Regards. Sanjay K. Dixit, Advocate,

Davangere - 577 002.

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Answered on 11/02/10, 7:39 am


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