Gift Deed Act
Balaji Bakthavathsal
(Querist) 22 March 2011
This query is : Resolved
Dear Learned Advocates,
I would be very grateful if you clarify my following queries.
1. Like Income Tax Act, Registration Act etc. is there an act like Gift Deed Act ?
2. Under which department / Ministry it falls ?
3. Is it a mere guideline for Gift Transactions taking place or a legal act ?
4. Whether it has any binding on the registering officials ?
Thanks & Regards
Balaji
M.Sheik Mohammed Ali
(Expert) 22 March 2011
1. this is comes into the Transfer of property Act,
2. This is Registration department comes
3. some guideline available
R.Ramachandran
(Expert) 22 March 2011
As rightly indicated by Mr. Sheikh, the subject is covered under Transfer of Property Act.
Balaji Bakthavathsal
(Querist) 22 March 2011
Thank You very much for your clarification. Now, my point of doubt is that the Gift Deed Act says that the Donor should be the absolute owner of the immovable property. The sub-registrar registers the Gift deed without verifying it and says that it is none of his business to verify the ownership and cites the Registration Act section 34 and Rule 55. Then what is the point of having the Gift Deed Act ?
R.Ramachandran
(Expert) 22 March 2011
Sir,
The duty of the registrar is only to get the documents presented to him for registration registered after checking whether appropriate Stamp duty is paid on the instrument or not. THAT IS ALL TO IT. NOTHING LESS AND NOTHING MORE.
EVEN IF THE DOCUMENT SAYS THAT I HAVE SOLD TAJ MAHAL TO YOU, HE WILL REGISTER, BUT THE REGISTRATION HAS TO TAKE PLACE IN THE OFFICE OF SUB-REGISTRAR/REGISTRAR UNDER WHOSE JURISDICTION TAJ MAHAL FALLS.
If any dispute arises, parties aggrieved have to approach the Court on the basis of the Registered Document. The Court will decide the fate and not the Registrar.
Each one has his own duties and responsibilities. If you think that it is the duty of the registrar to verify whether the person executing the Gift Deed is indeed the absolute owner of the property, you are sadly mistaken.
Balaji Bakthavathsal
(Querist) 23 March 2011
Thank you very much RR Sir, I too agree with your view that even taj Mahal can be sold and get registered as per the existing acts. Just out of social interest, I am asking that doesn't it look absurd having a set of Act directing people to follow and another set of act giving a contradicting instructions. Does n't pave way for corruption allowing the registering officials to take bribe money and go on registering any damn transactions ? Are the laws are there to protect the citizens or to put into trouble ? Why should be there a lacunae ?
R.Ramachandran
(Expert) 23 March 2011
Dear Mr. Balaji,
There are ample laws. It is the party who gets into purchase transaction has to do due diligence. There is no lacunae in the existing law. The Registrar's functions are quite different. It is not to verify the correctness / genuineness / bonafide of the transaction or the property under registrarion. As simple as that. That is why even Government lands are being sold and registered by unscrupulous persons or power of attorneys etc. It is for the party which purchases the property to be vigilant.
