Gift deed
4 years ago
My grandfather made a will of his house completely in my father's name before passing away but registry was not done in his name yet. 2 years back my uncle provoked my father to make a gift deed with exchange of 80lakh but monetary condition was not mentioned in gift deed and the gift deed is registered in 5000 rs stamp paper. After getting the gift deed my uncle completely denied to pay any money.
In this situation what should we do because my father lost everything he had and he is also physically challenged and i am only 20.
Can my father claim atleast half share as after my grand father's will the house is not registered in my father's name?
Can I put injunction on that property?
Your father can get half share legally by seeking cancellation of Gift Deed for Rs. 5,000/- which is under valued and cannot be believable.
Shreyash Mohta
Responded 4 years ago
Revoke the gift deed as soon as possible and take help of a local lawyer as how to do it. Make sure the next time you people enter into such an agreement then, you execute a sale deed and not a gift deed.
Thanks
Sayaree Ganguly
Responded 4 years ago
Try to collect evidence of his age associated ailments and deficiencies as much as possible.
Thereafter file a police complaint alleging that your uncle has forcibly got a gift deed registered by your father.
File a declaratory suit praying for a declaration that the said gift deed has been executed under coercion for which it is required to be
canceled and also praying for a direction upon the Registrar to cancel the registration of the said gift deed.
Another application shall have to be filed praying for an injunction restraining your said uncle in dealing with the said property till your said
suit is disposed of.
Seek an order of status quo as an interim measure so that your uncle is restrained from creating 3rd party rights upon this property.
Thanks.
There is no exchange of money like sale in case of git deed. So, once your father has gifted it to your uncle, say under the condition that your uncle will pay him some money, you cannot claim it as your right unless you had an agreement in place. Can I ask you one thing? When you uncle decided to give 80 lacs then why you or your father did not go for sale deed but went for gift deed?
See people do gift deed to save the stamp duty and registration charges but then this is the problem that they later face.
Better you take a copy of the gift deed to a local lawyer, sit with him and let him find out a way to help you.
Anonymous
Replied 4 years ago
My uncle said that he wants giftdeed to save money and avoid income tax raid.
My father is a simple man. When my grandfather and my mother was there, they kept him away from all this matters.
Since they both are no more, he stepped into the trap because he wanted his brother to be safe from income tax just for affection towards his brother.
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