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refusal of gift deed registration by subregistrar

(Querist) 27 September 2016 This query is : Resolved 
My fathers brother(uncle unmarried) intrested in gifting his property for me,when we went to subregistrar he refused reason is there is a suit pending on this property and temporory injunvtion ,when i met my lawyer the injunction period was not extended and copy submitted to subregister,sub register demanded money,we took endorsment,went to district registrar,there also work has not done,now my uncle expired, how to challenge gift deed,?
Is subregistrar correct in his work?
jayantha (Querist) 27 September 2016
Please help me sir
Kumar Doab (Expert) 27 September 2016
You have posted that:


"we took endorsment,went to district registrar,there also work has not done,"


and


"... how to challenge gift deed,?"


Both are contradictory!



Take someone's help to draft the query properly so as to convey a clear message.
jayantha (Querist) 27 September 2016
When subregistrar refused to register gift deed we asked for endorsment in that they mention the point as(to prevent multiplicity of cases he refused)using endorsment we went for appeal at district registrar,he also dint give any directions to register the gift deed,
1)now how to challenged this gift deed signed by my uncle and 2 witness
2)how to complaint against subregisrar?
3)does subregisrar work is correct?
Rajendra K Goyal (Expert) 27 September 2016
1)now how to challenged this gift deed signed by my uncle and 2 witness

Ans: Want to challenge against whom and why?
Try for court decree by filing civil suit.


2)how to complaint against subregisrar?

Ans.: You had a chance to trap him through vigilance accepting money. Now desired results may not be received.

3)does subregisrar work is correct?

Ans: Leave on you to judge.
Kumar Doab (Expert) 27 September 2016
The deed is not registered.

The signed document duly witnessed does convey the intent.

The signed document is in your favor; why do you want to challenge it?



Your posst are contradictory!
jayantha (Querist) 27 September 2016
The gift deed is signed by two witness and also donee signed,but deed is not registered,donee is expired,how to transfer properties to my name which is in gift deed?
jayantha (Querist) 27 September 2016
Sorry sir donor expired not donee,pls help me
Raj Kumar Makkad (Expert) 27 September 2016
This is your third query in the same sequence with change of minor facts which is sufficient to establish that this is not actual case rather is a creation of the mind of a student.
Raj Kumar Makkad (Expert) 27 September 2016
In your two other queries on the same subject, you have asked whether probate of property gifted to you by you unmarried uncle is mandatory or not and here you say that he has expired prior to registration.

Which one is true?
jayantha (Querist) 28 September 2016
During his life time he made a will in favour of me and it is registered,but when he attempted to make gift deed (same properties which is in will)sub register refused,he expired one month back,now shall i go for registered will?or unregistered gift deed?
Kumar Doab (Expert) 28 September 2016
There is NO mention of registered WILL in your original query!!



How come all of a sudden a registered WILL has popped up!



Have you consulted an able counsel so far?


What is the opinion of your own counsel that has examined all docs and inputs?
Raj Kumar Makkad (Expert) 28 September 2016
If gift-deed is already registered in your name then why shall you go to sub-registrar for its un-registration say de-registration?????
Kumar Doab (Expert) 28 September 2016
There is NO mention of registered gift deed in your original query!!




There is a mention of unregistered gift deed in your original query and last post!!



Have you consulted an able counsel so far?


What is the opinion of your own counsel that has examined all docs and inputs?
Raj Kumar Makkad (Expert) 28 September 2016
@Doab! The author is repeatedly changing his statements. Go through his last posting wherein he is claiming that the deed was registered in his name whereas in earlier posts, he is denying it.

A person approaching with unclean hands is not entitled for the equity.
Kumar Doab (Expert) 28 September 2016
Mr. Makkad,


I have posted in NO less words in my 3rd post in this thread.



'There is NO mention of registered WILL in your original query!!



How come all of a sudden a registered WILL has popped up!
'
Kumar Doab (Expert) 28 September 2016
Have you consulted an able counsel so far?


What is the opinion of your own counsel that has examined all docs and inputs?
Raj Kumar Makkad (Expert) 28 September 2016
I have not raised any question mark against your advice Mr. Doab rather you go through the last post of author before your reply minutely.

He for the first time has mentioned that the deed was already registered in his name.
Rajendra K Goyal (Expert) 28 September 2016
Author said:
During his life time he made a will in favour of me and it is registered,but when he attempted to make gift deed (same properties which is in will)sub register refused,he expired one month back,now shall i go for registered will?or unregistered gift deed?

Ans:

If gift deed was not registered (reason may be any), it is not enforceable legally.

You have to proceed as per will in such case.
Kumar Doab (Expert) 28 September 2016
I had noted it Mr. Makkad and duly pointed in my 3rd post and repeated ( not just deed) but:


'There is NO mention of registered WILL in your original query!!


How come all of a sudden a registered WILL has popped up!'




In any case Expert Mr. Goyal has addressed it.
Kumar Doab (Expert) 28 September 2016
At appropriate time, when the WILL is submitted to act upon, any other fact may be presented.
Rajendra K Goyal (Expert) 28 September 2016
You can proceed on the basis of will.
Raj Kumar Makkad (Expert) 28 September 2016
This is subsequent post of author:

During his life time he made a will in favour of me and it is registered,but when he attempted to make gift deed (same properties which is in will)sub register refused,he expired one month back,now shall i go for registered will?or unregistered gift deed?


Mind second line which say "it is registered".

Shall you not regard it as a change of facts?

Is this popping up on the part of author or me?
Raj Kumar Makkad (Expert) 28 September 2016
Kindly read 1st line in place of 2nd line as after submission, the material came in 1st line.
Rajendra K Goyal (Expert) 29 September 2016
Seems author was unable to explain his query properly.
Raj Kumar Makkad (Expert) 29 September 2016
If author failed to put his query properly, how the question mark can be raised against a particular expert?


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