If no stay orders are passed grand mother can execute gift deed in favour of her grandson

2) gift deed will confer clear tithe to grandson

3) if grandmother is senior citizen she can seek expedited hearing in the HC of the appeal

1. Can grandmother now execute a gift deed of the property to grandson? Can the Deed be executed on January 12th 18 , though she has taken the appeal notice and the first hearing is on 24th December 2017?

Ans: Yes, she can execute the gift deed since the first deed was not accepted as genuine by the Court, but permission of the court needs to be taken or appeal needs to be withdrawn.

2. Will the gift deed give a valid title to the donee?

Ans: Yes gives valid title provided the property exclusively belongs to her and all formalities of registered gift deed are maintained.

3. Are there any clauses which are to be specifically included in the gift deed?

Ans. These clauses may be discussed in person only.

4. Any suggestion on the course of action of appeal to get it expedited or for proceedings to be dne faster

Ans: Appeal needs to withdrawn to avoid contrary judgment.

1. You say that the document set up by the father as an agreement to sell is forged. The onus is then on you to prove it as forged.

2. A relevant question is whether you filed a criminal complaint against your father for the offence of forgery.

3. In view of the fact that the suit filed by son has been dismissed by trial court the grandmother is free to execute a gift deed unless there is an injunction operative against her.

4. Get a flawless gift deed drafted by a lawyer.

5. Let the appeal take its own course as you are not suffering due to delay.

1. If there is no order of injunction on the property she can very much execute a gift deed in favour of anyone she likes.

2. Yes, the gift deed will grant valid title to the donee provided the son becomes unsuccessful in appeal as well.

3. No special clause is required to be mentioned.

4. The suit is already dismissed. So there is no requirement to expedite the appeal. The donee rather continue to enjoy the property.

Hello,

Yes the same can be transferred theough gift deed.

Since the case is pending section 54 of Transfer of Property act will apply which says that the person accepting such property will be bound by the outcome of the case.

Since there is no interim order, the property can be transferred through a gift deed.

Regards

1. The Gift deed can be registered on 12.01.2018 if the Plaintiff fails to arrange for any order from the Appellate Court restraining your Grandmother in dealing with her said property till disposal of the said appeal.

2. In that case the grandson can become an intervenor in the said appeal and contest is fittingly. Till otherwise ordered by the Court while hearing the said appeal, the title of the grandson will be valid.

3. No additional clause is necessary in the instant case. If the appeal is allowed, the son shall pray for a direction upon the registrar to cancel the said gift deed.

4. The grandson can file an intervening application and make a mention in the Court for earliy hearing of the case.

Hi

1) A property in the name of the woman is her absolute property vide Section 14 of Hindu succession act.

2) So the registered Will executed by her is perfectly valid and the WILL needs to be proven in the court of law after the life time of the grand mother.

3) So, Your grand mother can also execute a registered gift deed in favour of her grand son during her life time and it will be a perfectly valid gift deed. The Donee will have a valid title.

4)it is highly unlikely that the Son will succeed in an appeal as Son has never taken steps in lower court to prove the document (agreement to sell and advance payment of Rs10Lakhs).

5) Any alienation of property during the pendency of appeal(first appeal) is generally to be avoided.

6) However in your case, your grand mother having won the case at lower court can execute the registered gift deed in favour of grand son. She can execute the registered gift deed with permission of appeal court also.

7) An appeal will be faster compared to trial and in general appeal cases are decided within 12-18 months. Ask your lawyer to speed up the process.

Hope this information is useful.

1. Since there is no restriction by any court or any order in this regard, there is no legal impediment for the grandmother to execute a registered gift deed in respect of this property to her grandson and she can do it anytime,. provided the son is not obtaining any exparte temporary injunction against her on this.

2. The registered document will confer legally valid title to the donee.

3. No clauses to be included nor any condition to be imposed in the registered gift deed and any such attempt would render the same as invalid.

4. You first attend the court on the date of hearing on this appeal.

Let the court decide the next course of action, i.e., you may have to file your counter version to the appeal

Son cannot in appeal seek relief not sought before trial court

2) son ought to file suit to set aside gift deed

3) there is no bar to grandmother executing gift deed in favour of grandson if no stay order passed by appellate court

1. He cannot do so, because the procedure for cancellation of gift deed is different and the remedy is with the lower court , not with the appellate court.

2. Section 52 of TP act is not applicable;e for the appeals

3. Let them come, the solution for them also can be seen then

1. Yes, by seeking amendment of original plaint and further to remand back the matter to the trial court, it happens in rarest case. Before the Trial Court you have to plead and establish that gift was executed with fraud.

2. No new case would arise, but in the same case an issue will arise in respect of transactions which took place during the pendency of appeal and without the permission of the court.

3. No issue.

1. To cancel the gift deed he will have to file a separate suit for cancellation of the gift deed, it cannot be done in appeal.

2. Section 52 of TP Act does not prevent the execution of gift deed.

1. Yes, if his appeal filed by the son against the lower Court order is allowed by the Appellate Court then he can pray for a direction upon the Registrar to cancel the said registration of the gift deed.

2. Section 52 of T.P. Act will be attracted in the instant case and the transferee will be bound by the final result of the appeal.

3. The consequence is that in case the appeal is allowed, then the registration of the said gift deed will be directed to be cancelled by the Court.

Yes sec 52 will comw into effect and the sone can raise any ground in appeal.

Regards