Hello My father gifted a land to my aunt by the oral promise that she will give money. But later she didn't pay money and so we cancelled the gift agreement by mentioning the dispute in the land. The land was sold to us by the owner after his case rejected in the court. By hinding this my aunt jusband and the land owner sold the disputed land. So My ain't husband cheated us by helping to buy the disputed land. Now after we cancelled my aunt is claiming ownership of the land even though there is a case against this land. And she is not allowing us to file complaint and the landowner not returning our money. What we can do in this situation?
1. please mention the nature of the case.
2. The gift unless put into writing and registered on payment of stamp duty ahs no force,
3. You are silent how the aunt's husband and the owner has colluded when you have already got the land.
4. on receipt of answers raised above proper advice can be made.
Was there a duly stamped & registered gift deed and cancellation deed? Who is in possession of the land at present? Please give full details to enable us to give proper advice. If the landowner had sold you the litigated land inspite of knowing that the land is disputed and the matter is in court, then file a case of cheating against the landowner for misrepresenting the facts by him and consequential loss in terms of money, mental torture etc.. Wait till the outcome of case is known.
Dear Client your question is not complete so try to elaborate properly.
1. Inadequate and confusing query,
2. Was there any Gift Deed registered by your father in the name of your Aunt? If no, then there is no gift to her,
3. If the said land owned by your father has been resold by its vendor to someoneelse, then file a declaratory suit praying for declaration that your father is the title holder of the property and also for an order upon the Registrar to cancel the registration of the sale deed of the said property which was illegally sold to the third party.
1) was gift deed duly stamped and registered/
2) if so gift deed cannot be cancelled without aunt consent .
3) you have to move court to set aside gift deed
4) if no gift deed executed your father is still owner of land .
5) if the seller has sold the land which was purchased by your father to third party challenge the subsequent sale . contact a local lawyer
To give more details , 'LandOwner-A' sold the land to my father. My father gifted the land to my aunt on the oral promise of paying money to us, it is a registered gift. There is no mention in the document paying the money to us. Now, There is a court case on 'Landowner-A' on the land he sold to us, which we gifted to my aunt. This case was registered by another Landowner-B on Landowner-A. Now, we are in between two people (Landowner A & my aunt) who is not giving us money back. My aunt claims the land is hers. But there is case on this Land in the court between ' Landowner A vs Landowner B'.In this situation either my father cannot claim this land (or) my aunt cannot claim the land ??
1) once registered gift deed made by your father in favour of your aunt she is absolute owner of the property .
2) in court case filed against A was any stay granted by court ? if no stay was granted A could sell the land to your father .
3) your father was not party to said suit proceedings nor was any court orders staying creation of third party rights intimated to your father . hence he could gift land to your aunt by registered gift deed
4) Landlord A is not bound to give your money .. you are not in position to cancel the sale deed as your father is no longer owner of the property .
1. Your Aunt is now the absolute owner of the said land which has been gifted to her by your father through a registered Deed of Gift,
2. Her oral promise to pay some thing to your father is on no consequence now,
3. Moreover, in Gift Deed, there will be no payment to be made otherwise, it will become Sale Deed,
4. Your father can not claim the said land under any circumestances,
5. If landowner 'A' sold the land to your father without disclosing about the court case and/or not being the absolute owner of the property and looses the case, then your father or Aunt can claim the sale proceed from him with interest, damage & cost.
There is a dispute between Landowner-A and Land owner-B. If the court decides that the land belongs to Land owner-A, then only your father gets right in the property. Unless your father gets rights in the property, the gift deed is infructuous and have no legal validity. Unless your father gets title, your aunt will not pay you the money. Moreover you aunt is not legally bound to pay you the money. The gift deed is registered, hence she has full rights over it. If you want to get money from your aunt, you have to request her, but cannot command her. It is an oral understanding between your aunt and your father to pay the money. For a gift deed, there should be consideration clause (transaction amount), otherwise it is not valid.
The gift deed will not contain any consideration, the lover and affection will be treated as consideration.
A. Unless order passed in favour of Land Owner A, your father will not get perfect right.
B. Oral promise is no legal validity due to it is very difficult to prove in the absence of documentary evidence.
C. Gift must be execute with out consideration and it is based on love and affection. Ex: Father and Son and Mother and Daughter
