Legal Question in Civil Rights Law in India

section 53 of The Transfer of Property Act

Sir, based on the handloan agreement, surety, post dated cheque, confirmation letter, promissory note and receipt, i had advanced the amount to D1 who is absconding from present society. I instituted a suit towards recovery of money against the D1 and surety D2. D2 had alienated her property by transfer in the form of gift settlement deed and without consideration to her younger son. Myself in PARTICULAR eager to know as to can i file a fresh suit towards cancellation of the above mentioned gift deed u/s 53 of Transfer of Property Act. Is it mandatory that only a decree holder can invoke the provision or any creditor can file a suit towards cancellation of the gift deed ? Please clarify.


Asked on 11/13/08, 12:59 pm

3 Answers from Attorneys
Nandita Haldipur Haldipur Associates

Re: section 53 of The Transfer of Property Act

you can seek cancellation of the fraudulent transaction

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Answered on 11/15/08, 2:45 am
RAJIV GUPTA (Cell: +91 9811284735) [email protected]

Re: section 53 of The Transfer of Property Act

you can amend your suit for recovery and go for cancellation of the gift deed. you may also institute a fresh suit for cancellation with leave of the court otherwise the relief would be barrred by o2 r2 of CPC.

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Answered on 11/14/08, 5:44 am
Sudershan Goel India Law Offices of Sudershan Goel - Advocate

Re: section 53 of The Transfer of Property Act

Any creditor may challenge the gift deed made by a debtor as a fraudulant transaction.

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Answered on 11/14/08, 8:32 am


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