Demand the court for execution of sale/gift deed regarding
Shansu Rajagopal
(Querist) 12 September 2015
This query is : Resolved
Dear Sir/Madam,
I would like to know the Rule/Acts pertaining to execution of Sale/Gift Deed, duly signed by the Seller/Giftor,few years (8 years back),who is refusing to present the same in the respective registrar concerned.
I have not issued any notices till now, but the seller has executed a sale deed in some one's name.
What's the solution for this.
P. Venu
(Expert) 13 September 2015
Have you been put in possession/occupation?
Rajendra K Goyal
(Expert) 13 September 2015
Consult local lawyer, show him all the documents. Sale deed executed 8 years back and not registered does not confirm title of the property.
Kumar Doab
(Expert) 13 September 2015
The document that you are referring to seems to be some consideration/agreement to sell/gift etc.
Was any date for registration inserted in it?
It might be valid for 3 years.
You have not replied that possession was given or not?
You may certainly show the documents and records to an able lawyer specializing inn such/property/civil matters and understand the merits and remedies if any!
Shansu Rajagopal
(Querist) 19 September 2015
Dear Mr.Venu Sir, Possession of the property can be put into by me. As the property belongs to my Father-in-law. and the executor of the Gift Deed was my husband,who has executed a sale deed in favour of his mistress. Further he has abandoned me till date. the major of the properties has been registered vide sale deed in the name of his mistress. What am I to do, as I'm bringing up my minor children who are also abandoned by him recently. the possession right can be proved by appointing a commissioner, as the property Vacant residential plots. i think land Patta has been transferred in the sale deed owner's name.
Kindly suggest me with a good option please.
Thanks & regards.
Dear Advocate Sir,
Thanks to God the Document does not hold Date / Month / Year of execution, which is a advantage on my side. I do not know why my husband did not enter them, when he executed 9Signed) the Gift deed.
Kumar Doab
(Expert) 19 September 2015
The query is not properly worded and clear.
The property belongs to your Father In Law. The how can your husband Gift it to anyone?
Your husband can not gift or sell it until or unless he attains rights equal to that of owner.
Moreover the Gift or sale deed has to be registered!
Which document does not show Date / Month / Year of execution........................agreement to sell or something else?
T. Kalaiselvan, Advocate
(Expert) 20 September 2015
An unregistered gift deed executed in your favor by your husband is not having any validity, hence subsequent sale deed executed and registered in favor of the buyer shall be held valid and may not be challengeable.
Show your documents to a local lawyer and see if something can be done on it.
Shansu Rajagopal
(Querist) 21 September 2015
Dear Sirs,
My Husband as the registered general power agent of the legal heirs, he has executed the deed [the stamp papers do have a certification by the seller on the date of purchase of the stamps], but my husband was misdirected by his mistress to register the property in her name. now I came to know that she is not living with my husband and she has issued legal notices stating that she was the second wife of my son and brought-up my children, so that she is claiming share in other properties too. Though I have challenged her legally [My husband is alive], I wanted to know if I could legally claim for the portion of property confined to the deed ?
Shansu Rajagopal
(Querist) 21 September 2015
Dear Mr.Kumar Daob,
I think you have not gone thru 1st part and the 2nd part of my query. I was clear that my deed were executed by my LEGAL HUSBAND. WHO is AUTHORIZED by the Owners [A Sale Deed cannot be executed without [Sub Registrar] registration. But my husband THEN [Year 2007] he refused to present deeds executed in my name Or minor's name in the concerned SRO Office. Instead, he has executed a registered Sale Deed in favour of his Mistress, who has abandoned my husband now. I WANT TO KNOW HOW I CAN RECOVER A PART OF THE PROPERTY CONVEYED BY MY HUSBAND to his Mistress....?
P. Venu
(Expert) 22 September 2015
If the property blongs to your father-in-law, your husband cannot gift or sell the property on his own. What is the stand of the real owner, the father-in-law, on the issue of alleged gift as well as sale?
Kumar Doab
(Expert) 22 September 2015
I have gone thru all of your posts.
Your query is not properly drafted and clear.
You may answer points raised by Shri P .Venu.
The following may help you:
SRO can not register a document without Date/month/Year of registration.
You can obtain the mutation record from revenue office ( say Patwari) and it shall show all entries and detail of documents e.g. registration deed (sale/gift) on the strength of which the entries in mutation record are made.
You can apply and obtain certified copies of all deeds duly registered with SRO.
Once you have all the details and documents it shall be easy to understand.
The certified copies are accepted in court.
The court can order certified copies from revenue officials.
You may certainly show the documents and records to an able lawyer specializing in such/property/civil matters and understand the merits and remedies if any!
