Subsequent gift deed of same schedule property
a lady executed four separate gift deeds in favour of her grandsons etc. subsequently one of her sons fraudulantly and also taking the advantage of active confidence made another ded of gift including the same schedule property. that lady died and afetrwards that said subsequent deed was challenged. there is a clear statutory provisions, now please give me some latest case laws decided by different high courts, can you?
Asked 4 years ago in Property Law from Barasat, West Bengal
once gift deed is made by grand mother title to property passes on to grand son . I presume gift deed was duly stamped and registered . she cannot subsequently execute another gift deed in respect of same property for the simple reason that once gift deed is made she is no longer owner of the property . the subsequent gift deed is null and void . you don't need judgements for said proposition
I fully agree and endorse the opinion given by my learned colleague.
Once gift deed in respect of a property was made by this lady the property could not have been the subject matter of another gift deed as she ceased to be the owner of this property as soon as the gift deed was stamped in accordance with law. Hence, it follows that the subsequent deed of the same property, except by the donee, is void.
No case laws are required, albeit you may search if you want a few.