In a recent decision by the Bombay High Court, Judge Shailesh P. Brahme turned down an appeal about a property disagreement between two brothers, Deelipkumar and Ramavtar Saboo. The case is about a disputed gift deed and claims of cheating.
The disagreement began when Deelipkumar, the older brother, got a property through a signed gift deed from Ramavtar on December 2, 2014. However, Ramavtar says he was tricked into signing the paper, thinking it was just a temporary transfer to help get a loan.
"Ramavtar was told that to get a bank loan, the property needed to be transferred to Deelipkumar."
Ramavtar later found out that no loan was taken and accused Deelipkumar of having bad intentions. They signed an agreement on November 10, 2017, where Deelipkumar supposedly agreed to give back the property. But he didn't, so Ramavtar filed a lawsuit in 2019 to divide and get back the property.
Deelipkumar's side said that Ramavtar knew what he was doing when he signed the gift deed and that the lawsuit was too late. His lawyer, Mr. Anil Bajaj, argued that without questioning the gift deed, the lawsuit to divide the property couldn't go forward.
"There is no reason to sue, and such a lawsuit without challenging the gift deed is not valid."
The first court turned down Ramavtar's lawsuit, but the higher court disagreed and sent the case back for a full trial. Judge Brahme agreed with this, saying the case needed a close look to see if cheating happened.
"Reading the complaint carefully shows there is a reason to sue."
The court stressed that the claims of cheating and misleading required a full trial. This decision lets Ramavtar continue to argue that the gift deed was not valid because of dishonesty.
The court has decided that the case should go to a full trial to figure out if there was any cheating involved. This means Ramavtar can continue to claim that the gift deed was not valid due to dishonesty.
