Mutation of purchased property which was gifted to someone
Nazo
(Querist) 05 February 2019
This query is : Resolved
Father the real owner of the property gifted his property to his two children.about 33 years ago then sold some of the property (a plot) from that gifted property to some other person with giving knowledge of that sale to his children and gave possession of that plot to the party who purchased the property.in 1985 the owner who gifted the property died.and the person who purchased the plot goes for mutation of the property but the patwari refused to register it..by saying that the property is gifted..the person who purchased the plot didnt took any further action..till now he has the possession of that property.now what can he do to complete the mutation procedure or registration?
Nazo
(Querist) 05 February 2019
How to register this property now
Kishor Mehta
(Expert) 06 February 2019
If the gift deed was properly executed, stamped and registered, the Subsequent sale of a part of that property by the donor is null and void and it can not be legally mutated to the name of the purchasers.
P. Venu
(Expert) 06 February 2019
Yes, however there is an aspect of adverse possession which would be decisive if the matter reaches the Court
K Rajasekharan
(Expert) 06 February 2019
As pointed out already, the sale of the property is unlawful as the father had no legal authority to sell a part of the property which he had already gifted to his children.
Such a property cannot be mutated despite it is in the possession of the purchaser of the property.
kavksatyanarayana
(Expert) 06 February 2019
Dear queriest, the owner gifted the property to his 2 sons. But he sold some property which is the part of Gifted property to others. so the sons of the owner shall execute a "Ratification Deed" in favour of the purchaser for no consideration. For ratification deed requires only minimum stamp duty and fees. or purchaser shall sale the same property to the sons of the original owner (seller).
Dr J C Vashista
(Expert) 07 February 2019
Vague and confusing statement.
What is the locus standie/ title/concern of "father" in the property owned by his "son(s)" to execute alleged "gift deed" 33 years ago?
Discuss/ Consult a local prudent lawyer.
