Property Gift Deed

Querist : Anonymous (Querist) 09 January 2011 This query is : Resolved
I have a querry around the property which my father has transfered me through gift deed.

The said property was initially transfered from my grandfather ( Owner i.e. self purchased) to my father in the year 1999 27 sept through gift deed (since this is l&DO property which i believe cant be transfered through will as this was not free hold that time).

Later my father got that property freehold and Now this property has been transfered to me by another gift deed and this gift deed was executed on 5th march (i.e registered in court).

Later i came to know that on apr 23 2010 my father mortgage that property to a money lender ( by submitting old gift deed and mutation paper). That money lender has an agreement with my father to pay the loan amount.

I want to know.. if the property has already been transfered to me .. can that money lender claim the digree of that residential property and sale that.

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A V Vishal (Expert) 10 January 2011
.Please give the details sequentially

Y V Vishweshwar Rao (Expert) 10 January 2011
Details ;-

1-Gift Deed to you 5-3 ---- ? year is it 2010---- Registered in Court -- ? Decree ! Registered Deed !

2- Mortgage by your father 23-4-2010

Transferor will have no rights on the property after transferring the property to transferee!

However the Details and contents of the Gift Deed by your father in your favour -to be verified !

M V Gupta (Expert) 10 January 2011
If the mortgage(in this case it appears to be by depositing thitle deeds) was prior to the gift deed, then the money lender can proceed against the property for recovering his dues. If the mortgage is subsequent to the gift deed,it is not binding on the property as your father was not the owner after gifting it to you and hence did not have the right/power to mortgage the same.

Abhishek Marvi (Expert) 10 January 2011
i agree with y v vishweshwar rao

Querist : Anonymous (Querist) 10 January 2011
Details ;-

1-Gift Deed to you 5-3 2010
And this is a Registered Deed in which my mother and my brother in law signed as witness

2- Mortgage by your father 23-4-2010

Querist : Anonymous (Querist) 10 January 2011
Property Allother my Grandfather in the Year 1965

Transferred to my Father thru Gift deed on 27 Sep 1999

Transferred to me by my Father thru Gift deed on 5th March 2010

Mortgage Agreement executed on 23 Apr 2010 and Origional Gift deed between my grand father and my father (a thread document) has been pledged.

Now is my property safe? or i have to take any further action to secure that.

I have already given a public notification that the said document (a thread document) is lost and no one should use the same for any purpose what soever.

malipeddi jaggarao (Expert) 10 January 2011
Since property is alienated to you prior to mortgage agreement, your position is safe. The Link document deposited by your father with the Mortgagor has no value. Who is the money lender? Generally they obtain EC on the property and in such case your name should appear on the EC in the flow of title. But what about your father? He is exposed to actions under civil and criminal law.

Y V Vishweshwar Rao (Expert) 10 January 2011
I agree with Mr Malipeddi !

Your father is Donor ! Your father subsequently mortgaged the Property gifted to you with the Link Document . Your Gift Deed is with you !

Legally You are protected as Transfer to you is much prior to Mortgage by your father - as on the date of alleged mortgage by your father he was not owner to mortgage !

Querist : Anonymous (Querist) 10 January 2011
The moneylender is right now not aware of the fact that property has already been transferred to my name.

A ) Now the worrying fact is.. can moneylender file a legal suit keeping me and my father as a party that a conspiracy has been created to hatch his money. I mean property was initially transferred to me and then the chain document is submitted for mortgage.

However in a meeting I have already questioned that moneylender that why my or my mother’s signature are not there at the time of mortgage agreement.

It was not under my or my family notice that my father is doing such false act.

Now I have consulted a lawyer and he told me to save this property we have to take stay on the same. And for that my father’s 3 Sisters will file a case against me that they are the equal partners in this property. That means they will challenge the gift deed of my grand father.

B ) I am doubt full since I have heard that daughters can not claim the share in the self purchased property of father until and unless there is Will created in their favor..

Please suggest in my both points

Querist : Anonymous (Querist) 10 January 2011
My Gift deed (origional ) is with me only

Y V Vishweshwar Rao (Expert) 11 January 2011
The Suit for partition / or /claim by sisters of your father will not serve the purpose

As and when the money lender takes legal steps against your property - you can protect you property under Gift Deed !

M V Gupta (Expert) 12 January 2011
Since the fact of mortgage by your father has come to your notice, it would be advisable for you to get a legal notice issued to the money lender questioning the validity of the mortgage and stating that you or your property will not be liable for repayment of the debt. Dont wait until the suit for recovery is filed. Dont bring in your sisters into this affair. It may unnecessarily complicate your title.

Querist : Anonymous (Querist) 12 January 2011
Since i have already given the public notification that chain documents (Which are with the money lender) are lost.. do i still have to send a notice to the moneylender?

Since the moneylender is not aware of the fact that property is in my name.

Advocate. Arunagiri (Expert) 12 January 2011
To be in the safer side, you can issue notice to the money lender.

M V Gupta (Expert) 13 January 2011
Better give notice to the money lender as suggested by me. Public notice may or amy not serve the purpose, as you know the interests of the money lender.

Property Gift Deed

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