Not returned land after gift deed by real brother
3 years ago
My father's brother (uncle) has taken his (father) land through a gift deed for his school on the pretext of giving his (uncle) part of the land but now he is not returning his land. My father is 90 year old and does not able to understand things clearly. Also, a building has been created on 1/3rd part of land before the transfer of property and a Kisan Credit Card with the loan dues was running even after the gift deed and then paid later. What can be the legal solution and is there any chance to get the land back?
Ankur Goel @ Complete Law Shield
Responded 3 years ago
A.obviously giving his (uncle) part of the land was not mentioned in gift deed.
gift deed was registered ?
content of gift deed and kisan credit card are 2 things which have to be analyzed to suggest solution.
Advocate Ankur Goel
(Complete Law Shield) #YourLifeYourChoice
gift deed was registered ?
content of gift deed and kisan credit card are 2 things which have to be analyzed to suggest solution.
Advocate Ankur Goel
(Complete Law Shield) #YourLifeYourChoice
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Tanmoy Chattopadhyay
Responded 3 years ago
A.I am not very thorough with what you meant in your description of the problem but I am listing few law points for your help:
1. Gift is an absolute transfer and therefore there is no question of revocation of the deed unless theres a stipulation mutually agreed upon by the donor and the donee on the happening of some uncertain event duly recorded in the deed.
2. If the gift deed is of the whole of the property including the encumbrances in the form of loan of KCC then the donnee if liable to make good such loans else he cannot legally accept the gift. #Property #FreeLegalAdviceOnProperty
1. Gift is an absolute transfer and therefore there is no question of revocation of the deed unless theres a stipulation mutually agreed upon by the donor and the donee on the happening of some uncertain event duly recorded in the deed.
2. If the gift deed is of the whole of the property including the encumbrances in the form of loan of KCC then the donnee if liable to make good such loans else he cannot legally accept the gift. #Property #FreeLegalAdviceOnProperty
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Vaidehi Samant
Responded 3 years ago
A.If the gift deed is unregistered than it has no legal relevance however if gift deed is registered document than you will have to file civil suit for cancellation of the gift deed stating appropriate reasons for the same.
If you found this advice helpful then please provide review and give *****. Thank you.
If you found this advice helpful then please provide review and give *****. Thank you.
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A.There is no chance of getting the land back as it is transferred through a gift deed.
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ADV. ANISH PALKAR (High Court)
If you realize my professional skills, the time & efforts put in by me needs to be truly appreciated, and then Please “CLICK MY LIKES/ THUMBS UP/GIFT” button shown below this reply format & also CLICK/ WRITE a “REVIEW” in 5 star as I have answered your query in detail. Hope this information is useful
ADV. ANISH PALKAR (High Court)
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A.Hi,
According to the Hindu Succession Act, If it is an ancestral property, all the siblings of your uncle have equals right on that property.
You can file a suit in the family court to claim your share.
If you like my answer, please give a good review.
According to the Hindu Succession Act, If it is an ancestral property, all the siblings of your uncle have equals right on that property.
You can file a suit in the family court to claim your share.
If you like my answer, please give a good review.
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Ayantika Mondal @ Prime Legal
Responded 3 years ago
A.Hi,
If it is an ancestral property, all the siblings of your uncle have equals right on that property.
If you like my answer, please give a good review.
If it is an ancestral property, all the siblings of your uncle have equals right on that property.
If you like my answer, please give a good review.
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