Gift document
Vijaya Bhaskar
(Querist) 17 March 2015
This query is : Resolved
Dear Experts,
My name is Mr Jayarao, I would like represent on behalf of my brothers and sisters for legal opinion and suggestion. We are 6 brothers and 2 sisters. 2 of my brothers who are elder to me have passed away. My father served as a religious priest for 30 years and passed away followed by mother too.
The society in which he served has passed a resolution in their executive council meeting in the year 1997 dated 7th April to give some portion of land the family members of the deceased religious priests recognising their service. Since my father is one among them (PRIEST) we are eligible to receive the gift. This information was communicated to my 5th younger brother (Government Servant) through his brother in law, who is a correspondent in one of their society’s branch which is located in a different place.
Upon receiving the information, my 5th younger brother communicated to all of us . My 5th brother insisted all of us to arrange amount for registration of the said land for which every one unanimously agreed and contributed by borrowing from various sources. On the day of registration the society asked us in whose name the property be registered?. After much discussion among ourselves and moreover my 5th younger brother being in the same state where the property is located, and others dwelling in different parts of the country, we all unanimously in good faith agreed to register the property in our 5th younger brother’s name.
Accordingly, the society has registered the land in our 5th younger brother’s name in July 2014. My brother received the gift document and noticed that there was an error in the document in regard to his name. The error of the same was disclosed to all of us when we enquired about the status of sale possibilities.
From time to time all the brothers and sisters were calling him to know about the rectification of the document and disposal possibilities. Until today, no effort has been made by him for such rectification or sale. He is not entertaining us to visit the society officials for rectification of the document and said he will take care of it. Above all, there is no communication from his side at all, unless we call him.
In spite of several calls we were unsuccessful in reaching him over phone, hence, we decided to visit the allocated site with other brothers and our brother in law (who is a retired police). After reaching the site, we tried calling my 5th brother and he attended our call. We requested him to come and discuss in regard to the land as there is a party who is willing to buy the property. He refused to come to the site and said “I will not come nor sign for sale deed and do whatever you want”. He spoke these words because we visited the site without his notice. However, we tried calling but he did not respond and now he is blaming us.
Off late, it has come to our notice that my brother’s brother in law who assisted us in the initial information is interested in purchasing the land and hence my brother is delaying and not allowing other parties to purchase. Also came to know that the original document is lying with my brother’s brother in law. Therefore we are in a fear if the sale transaction takes place among themselves without our consent and notice. How to go about this issue. Please advise us with your valuable suggestions.
I am pleased to furnish the brief details of the registered document as follows.
1. This land is given as a free gift to the family members of the deceased for recognising the service of my father,
2. According to the consensus of all the brothers and sisters the property is registered in the name of 5th younger brother.
3. This property does not fall under THE A.P. ASSIGNED LANDS (PROHIBITION OF TRANSFER) ACT. 1977 (Act 9 of 1977) nor this property belongs to the Central, State or its subsidiary organisations.
4. This property is ours (Society’s) and according to our will this property is given at free.
5. In case of any disputes except society no other reserves the right
Kappil Cchandna
(Expert) 18 March 2015
Sir,
First of all file a suit seeking permanent injunction against your brother in dealing with the property any way whatsoever ...
Thereafter you can file a suit for declaration and your share in the property ....
Regards
Kapil Chandna Adv 9899011450
Dr J C Vashista
(Expert) 18 March 2015
Too long a story and not a query. Contact and consult a local lawyer.
Vijaya Bhaskar
(Querist) 18 March 2015
Mr Kapil.. thank you so much for your instant advice.
Dr J C.V....please accept my sincere apologies for a long story. In fact I too was not comfortable writing so long, but i felt to disclose the facts in order to obtain legal advice for further action
Thanks for you suggestion.
Rajendra K Goyal
(Expert) 18 March 2015
Try to have amicable solution of the problem being the problem of family.
The property is in the name of your brother and claim of other brothers and sisters would succeed easily is doubtful. Moreover the legal battle may take 10 years or more and considerable cost.
T. Kalaiselvan, Advocate
(Expert) 19 March 2015
Legally your brother becomes the absolute owner of the property because you people (other siblings) did not express your consent in writing to prove the same evidently. The gift deed made by t he society in the name of your brother should be seen to confirm the recital to the effect of your narration here. If amicable solution is arrived, better go for it or else find some ways to tackle the issue legally.
Vijaya Bhaskar
(Querist) 22 March 2015
Though the gift deed is executed in my brother's name. There is a clause mentioned in the gift deed that the property is gifted for the family members of the deceased. GOD forbidden if other family members challenge in the court , would there be any possibilities of getting the justice. This whole transaction arised because of my father who served the society and is no more now and no way my brother served the society to enjoy the property alone as we have agreed in good faith to register in his name.
Since the property is located in Andhra should we file injunction suite in Andhra or from any place of the country.
Can any one family member file the suite or is it mandatory to file by all and duly signed by all.
From the time of filling how long does it take to pass the decree.
Will my brother receive the original copy of the decree or it will be given to us by the court.
How long the injunction suite will be valid.
Please suggest.
Vijaya Bhaskar
(Querist) 31 March 2015
Dear learned experts
We have learnt from my uncle that the gift documen has an error in Surname. And he kept quite until now and has not taken any efforts rectification of gift deed. I would seek your valuable suggestion as follows
1. How can we have the rectification of surname in gift deed done
2. What could be the procedure for rectification
3. How long does it take for rectification
4.Approximately cost Involved.
Vijaya Bhaskar
(Querist) 10 April 2015
Dear all,
We are trying to request the authorised signatories of the donor society who have donated a piece of land to our family members as a recognition of the services rendered by my late grand father. In spite of our regular follow up they are postponing and are not available for executing the RECTIFICATION DEED in surname.
Please guide us in this matter.
T. Kalaiselvan, Advocate
(Expert) 10 April 2015
You may issue a legal notice to the society to execute the rectification deed to the existing gift deed in order to rectify the surname found wrong in the original deed, after which you can initiate legal actions against the society.
