Can a property against which an appeal is filed be gifted

This query is : Resolved 
 

Online (Querist)
10 June 2021

State: Goa

Mundkar property was purchased in 2017 for which the Sanad/Purchase certificate has been obtained.
1. The mutation for the property purchased is as follows (40% of is on my grandfathers name(deceased) and 60% is on my fathers name). Objection has been filed by the landlord against the request to transfer the property part from my grandfather to my fathers name so that he's the sole owner.
2. The landlord has filed an appeal against a purchase order given by the mamlatdar. (NOTE: There is no stay order)

Can the property be gifted to a son via a gift deed? If so will it create any complications as the mutation is still not completely on my fathers name.
What could be any possible complications that could arise in the future?



T. Kalaiselvan, Advocate Online (Expert)
10 June 2021

The mutation records or the revenue records are not the title documents.
In fact the registration document and the revenue record are two different subjects.
If your father wants to transfer the property to your name by executing a registered settlement deed, he can very well go ahead without considering the dispute going
on in the revenue department in this regard, especially if there is no stay order for this alienation.

kavksatyanarayanaOnline (Expert)
10 June 2021

The rights of a mundkar in his dwelling house shall be heritable and shall not be transferable as per Goa, Daman and Diu Mundkars (Protection from Eviction) Act, 1975.

RohanOnline (Querist)
10 June 2021

Would the appeal filed by the landlord against the purchase order given by the mamlatdar from which the sanad/purchase certificate was obtained create any problem in executing the gift/settlement deed or after the gift/settlement deed is executed?

What if the appeal goes against me after the gift/settlement deed is executed? Do the registration and stamp duty get refunded?

T. Kalaiselvan, Advocate Online (Expert)
11 June 2021

If the landlord has filed a case before the mamlatdar court then it becomes your duty to defend your interests by challenging the case properly on the basis of the documentary evidences in your support and merits in your side.
If the decision is going against you then you may prefer an appeal before the appellate authority venting out your grievances and seeking justice.

SHIRISH PAWAR, 7738990900Online (Expert)
11 June 2021

Hello,

In my opinion, a gift deed is not possible as mutation entry is not made in revenue records even when stay is not granted.



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