reistration of gift settlement deed
Seshagiri Viswanatha Rao
(Querist) 05 May 2010
This query is : Resolved
Dear Advocate(s)
Good Morning
In response to my RTI application the Sub Registrar has replied that the Gift Settlement Deed has been registered been
registered between husband and wife on the grounds of ancestral property which was purchased by my late father by mirepresenting facts illegal declarations made by the land grabber The original document of late father is with us only and it has also been notorised by public notary appointed by Government of India we are three brothers and sisters absolute living heirs of father late mother had also expired long back mother sworned before Addl Judge prior to draal of family pension duly indicating herself and other absolute heirs on stamp paper Is it necessary to have succession/probate will now Kindly indicate under which section and act the husband and wife can be registered My elder brother first legal heir in chennai and the procedure for obtaining probate will if necessary warrants This was clear-cut illegal transaction and our father did not sign any documents due to the fact he had expired way back in 1987 The illegal transaction on the landed properties of late father took place in 2001 viz15 years later after his demise The land grabber claimed as ancestral property/gift by fabricating legitimate and legal documents
thereby attracting prosecution sections of cr cpc
adv. rajeev ( rajoo )
(Expert) 05 May 2010
If it is the property of your late father and your father had not made any arrangements regarding this property by way will then you go for suit for partition and separate possession of your share and also take contention that by playing a fraud gift deed is made which is void in law, hence it is not binding.
G. ARAVINTHAN
(Expert) 05 May 2010
file two suits. One for partition and seperate possession another for declaration of the Gift deed as void
Seshagiri Viswanatha Rao
(Querist) 05 May 2010
Sir
Extremely thanks for advise and takeup the issue legally I shall thabkful if it clarified whether husband and wife can be concurrently claim as gift/ancestral proper while registering as settlement gift deed
Thanking you
sv rao
Raj Kumar Makkad
(Expert) 05 May 2010
Apart from filing civil suit, immediate and effective way is to file additionally criminal case/FIR under sections 420/467/468/471/120 B IPC against all person involved in the grabbing of your ancestral land
kranthi kiran
(Expert) 05 May 2010
File a complaint with the police,for forgery, for creation of false and fabricated documents and for cheating. If police fail to take any action or fail to register a case, you can approach the Court by filing a Private Complaint under section 200 Cr.P.C. Apart from that file a suit for declaration.
Kiran P.V, Legal Consultant, Hyderabad, Ph:9490127914
Seshagiri Viswanatha Rao
(Querist) 06 May 2010
Sir
Kindly refer my e mails My parents expired and a self acquired property was purchased bt my late father followed by my late mother;s death Prior to release of family from the govt department she had sworned an affidavit before the Addl Judge for Small Causes Bangalore and on the basis the department released her family pension She had also sworned ine affidavit that she was absolute legal heir and rgeww sons and two daughters as his legal heirs and drawing her family pension in the capacity of legally wedded wife The property is still in his favour only Kindly indicate any succession certificate or probate will is necessary Any difference between Legal
Dear AdvocatesHeir Succession Certificate and Probate Will It is believed that my edest brother who lives in chennai is the first legal heir and the property is in Ranga Reddy Is it necessary to have succession certificate or probate will from the jurisdiction of Ranga Reddy District or it can be obtained from chennai by elder brother from chennai Indicate the procedures needs to be followed
Thanking you
S V Rao
Seshagiri Viswanatha Rao
(Querist) 07 May 2010
Dear Advote
Good morning
I sjhal be obliged if it is advised the primary requirement(s) for registering a gift settlement its particulars, document(s) to be furnished by a person prior to registering gift settlement by the Sub Rehistrar Declarations if any which includes original sale deed/attested copy needs to be submitted Any pupaer notification is required for inviting objrctions from the general public and if so to indicate relevant section/act etc
Thanking you
S V RAO
Seshagiri Viswanatha Rao
(Querist) 09 May 2010
Validity and Value of Notarised Documents
Good Morning Sir
Kindly brief me the validity and value of a notarised document by the Public Notary appointed by Government of India from legal point of view and will the judges while delivering verdicts take into account of notorized document attested by the Public Notary under Notaries Act How for it will be useful in legal issues and the Vigilance and Enforcement Wing in fabricated cases once complaint is lodged
Thanking you
S V Rao
