If it's a clerical mistake the said suit will not be maintainable. Only if she has rights then only the same will be maintainable
Gift deed with condition
I purchased the land in different times when I was working in USA on my Wife's name and I got it my name after 3 years ( 2006) through gift deed. Unfortunately, I didn't notice that by mistake Document writer( Copy paste mistake) as " There is no rights to sell the property Donors and Donee for this land and gifted the said property". The para is as follows "That the donee will be absolute owner,title holder of the above said land and Donee shall be the exclusive owner of the said gifted land without any hindrance objection from aby side. " There is no rights to sell the property Donors and Donee for this land and gifted the said property". I sold the land in 2021 November and she filed a civil suit. Are there any previous Supreme court judgments on these type matters?
Asked 4 years ago in Property Law
Religion: Hindu
First answer received in 30 minutes.
Lawyers are available now to answer your questions.
5 Answers
Dear client,
Unfortunately, she was within every right to file a civil suit since you did not hold up your end of the agreement by following through on the condition. However, if this is truly a copy paste mistake in the gift deed then you can settle on a mutual understanding with the donor that that condition need not be followed.
Thank you.
You could not sell the land as per terms of gift deed
sale would be set aside by court
If she has filed a suit for cancellation of the sale deed, then yo may have to challenge the same accordingly.
The contents of the gift deed cannot be so because basically a gift deed would be void if there is any condition imposed in it.
Therefore, if the above is confirmed then your title to the property was defective which would prohibit you from selling the property.
Therefore you may discuss with your advocate on this angle and prepare your defence accordingly.
It would totally depend on the averments made in the suit and how you counter that effectively as otherwise, since it was a conditional gift deed and you acted in contravention of it, she can seek cancellation of it.
