• Execution of Gift deed

I had challenged gift deed, executed by My late father (donor) to my brother (Donee). To prove that my brother examined the registry Clerk of sub registrar office in the trial court. She submitted the Affidavit in lieu of examination in chief that she was the registry clerk at time of registration of the Gift deed and same is registered in her presence. BUT I got RTI from office of Sub-registrar that clearly mentioned that she was not registry clerk at that time and placed that RTI as an exhibit on court file to prove that she falsely deposed before the court. So the registration of the document is suspicious.
Que: Is it helpful to prove the Gift deed is invalid?
Asked 12 days ago in Property Law
Religion: Hindu

2 answers received in 30 minutes.

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11 Answers

The contents of the the reply received under RTI act would be very imperative to prove before the court that she was not a genuine witness and her testimony would not be considered as evidence after that. Also, file an application for perjury.

 

Siddharth Jain
Advocate, New Delhi
5820 Answers
88 Consultations

5.0 on 5.0

1) it appears that she has made false statement on oath 

 

2) it does appear that there are suspicious circumstances surrounding execution of gift deed 

 

 

 

3) testimony is helpful to your case 

 

4) however donee can examine one of attesting witnesses to prove execution of gift deed 

Ajay Sethi
Advocate, Mumbai
84937 Answers
5618 Consultations

5.0 on 5.0

Yes it will only prove registration to be false not total execution

Prashant Nayak
Advocate, Mumbai
24936 Answers
58 Consultations

4.4 on 5.0

That is a very important piece of evidence as it shows that something is wrong and the whole deal may now be suspicious as why should she lie whether she was a clerk lr not.

Now your brother has to explain why did he lie.

Rahul Mishra
Advocate, Lucknow
13220 Answers
48 Consultations

5.0 on 5.0

The witness becomes untrustworthy. 

Hence her deposition may be considered as not reliable.

However that would not be sufficient to prove that the document is not genuine 

You may have to rely upon various substantial question of law to prove that this is a fake or fabricated document.

T Kalaiselvan
Advocate, Vellore
75050 Answers
1263 Consultations

5.0 on 5.0

You may produce the reply received under the RTI query in court to challenge the affidavit of that registry clerk and seek to set aside the gift deed purportedly executed by your father in your brother's favour.

Swaminathan Neelakantan
Advocate, Coimbatore
1296 Answers
17 Consultations

4.9 on 5.0

1. IF the Gift Deed was duly Stamp Duty paid and duly Registered at office of SRO, THEN irrespective of any criteria, the Gift Deed execution is legally Final & Irrefutable.

2. Any type of statement by concerned SRO staff, shall not render above Gift Deed as legally invalid.

Keep Smiling .... Hemant Agarwal
Visit: www.chshelpforum.com

Hemant Agarwal
Advocate, Mumbai
5570 Answers
25 Consultations

5.0 on 5.0

Hi, you can challenge the Gift deed that the Gift deed was executed in a fraud, coercion and undue influence. If you are able to prove the same in the Court then only you will succeed and all other issues are not relevant to Gift Deed cancellation.

Pradeep Bharathipura
Advocate, Bangalore
5233 Answers
289 Consultations

4.5 on 5.0

yes it would help

you can file a rebuttal evidence affidavit in response to the evidence of the registry clerk 

or else you can also produce the RTI reply to the registry clerk during her cross examination and impeach the credibility of her evidence 

if her cross examination is already over then you can also file an application to recall that witness for her further cross examination during which you can produce the RTI reply to her 

in that cross you have to ask her whether she was doing her duty as a registry clerk on the particular date

if she answers in the positive then show her the RTI reply 

she will deny it 

but you will have to cross her well to extract an admission from her 

once she admits that she was not present on that date then you can file an application for striking of her evidence since she deposed falsely to the court and also request the court to initiate criminal contempt action against her and the opponent in whose support she deposed as a witness 

the RTI reply will be taken on record by the Court and will be marked as 'for identification' or if the other side does not dispute its admissibility then it will be marked as an exhibit and will be assigned an exhibit number

Yusuf Rampurawala
Advocate, Mumbai
6565 Answers
60 Consultations

5.0 on 5.0

Dear client, 

The gift deed per se is not invalid but the actions of registry clerk of the sub-registrar office will aid in dismissing the registration of the will. 

Thank you

Anik Miu
Advocate, Bangalore
3099 Answers
31 Consultations

4.9 on 5.0

1. The Registration may not be considered as fake but you can claim that your father was forced/induced to append his signature on the said Gift Deed by your brother.

 

2. However, the evidence you have received proving that the said witness was not the registry clerk as claimed under oath by her will be of good use in your favour to establish your allegation.

Krishna Kishore Ganguly
Advocate, Kolkata
26191 Answers
726 Consultations

5.0 on 5.0

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