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Author Topic: Cancelation of the gift deed of Property  (Read 476 times)

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Offline irfanmohi

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Cancelation of the gift deed of Property
« on: July 28, 2016, 12:14:09 PM »
I have purchased a property in the year 2004, the owner said to us that they misplaced the original registered deed which executed in the year 1985 while shifting the home in 2003 and they file a complain as well near by police station about that. They have shown us the complained copy.  then we have apply for search EC, and in EC the same owner's name is reflecting, So We decided to register the land and same has been executed in the year 2004 after 2 days again we apply for search EC that time my name is reflecting  as a owner.

After some time when I had started to built a boundary wall and get electricity meter  , Third party came  with the registered sale deed that happened in the year 2001. and they have the original registered deed of 1985 with them.

When we approach the owner who sell the plot to us, They said, we have registered you only not to any other. after further drill down we come to know that, when the owner's husband was in Dubai and he leave his family with wife's mother home because of her mentally not fit and the treatment was going with the physiotherapist.

Her(Owner) mother & her brothers taking this advantage and gifted the land and registered the property on her mother's name and immediately sell the land with in the 3 month to the third party which is now claiming the tittle.

When the gift deed happened there was only her brother in the witness. her 3 son's more then 20 years age that time either of one not available as a witness and her husband is in Dubai that time.

Her husband came back to India in the year 2003 and met an accident then they decided to sell the land to me. Then they started searching for original papers and file a complain aswell that already I have mention above.

Then we both ( Owner & Myself) filed a civil suit for cancelation of gift deed on mental illness ground.

Now the problem is the third party which is also purchase a plot based on gift deed file a criminal complain on myself, owner, Owner's mother(Who executed the gift deed). I am out of bail now.

Some important points:
1) Still in search EC my name is reflecting.
2) Owners and Owners's husband and her sons favoring me in the civil suit in every aspect.
3)  Still Electricity meter is on my name and I am paying the bills as of now.
4) Still owner is mentally ill the treatment is going on with the physiotherapist.

Could you please advice or suggest on the above matter whether fighting a civil suit is benefited to me or I will leave the case as they have file 2 criminal complains and put so many sections on me. I am a private employee and hole family is depend on me and already I have spent lots of money on that. I cant claim money to the owner also as they are very poor now.Please suggest me in this what is the solution.

Appreciate your suggestions !

Offline advocate-lyngdoh

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Re: Cancelation of the gift deed of Property
« Reply #1 on: August 16, 2016, 06:16:00 AM »
In the next date of hearing refer the matter to mediation and come to a solution there.

you have to end it.

as of now the property is in your name, so the third party has a weak case.
Advocate Lyngdoh
Laitumkhrah, Shillong

 

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