Legal Question in Civil Rights Law in India

gifts

sir, i have advanced Rs.10 lakhs based on promissory note and cheque. The borrower is absconding from present society. I filed a recovery suit against his mother (gurantor) on 25-6-2008 and court directed not to alienate the property under order 39 by passing injunction orders. On 26-6-2008 the guarantor gifted the petition property to her younger son through a gift deed and the summons w.r.t. orders were served on 28-6-2008. My question to you is that the injunction orders given by court binding on the gurantor i.e., whether it will come into force from the date of instituion of suit or from the date of serving of notice? I have impleaded the DONEE into the suit and moved I.A. under order 38 by making the donee and gurantor as defendants to the suit. On what grounds the gift deed can be cancelled, if it cannot be cancelled, is DONEE liable for repayment of debt in which DONAR stood as gurantor? Please clarify in detail.


Asked on 9/26/08, 5:04 pm

2 Answers from Attorneys
Nasir Butt Nasir Law Associates

Re: gifts

Conveyance deed is void under section 52 of the Transfer of Property Act and can be got declared void and cacelled.

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Answered on 11/03/08, 8:31 am
Sudershan Goel India Law Offices of Sudershan Goel - Advocate

Re: gifts

The gift deed is void. You may file an application in the pending suit for cancellation of the gift deed as it has been executed to play fraud upon the creditor.

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Answered on 9/26/08, 8:48 pm


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