Gift settlement

at your mercy (Querist) 29 April 2024 This query is : Resolved
I want to gift my flat to my daughter. I bought it by uds land and flat constructions from a builder. at CHENNAI. it was gifted to my mother and later was cancelled on mutual consent at registration office. now
is it better to describe that it was originally registered document no and later gifted vide document number and cancelled mutually vide doc. no.

please advise

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This discussion clarifies the process of gifting a property, specifically a flat in Chennai, to a daughter. It addresses a situation where a previous gift deed to the mother was mutually cancelled. The advice confirms that after a valid cancellation, the original owner has clear title and can proceed with a new gift deed to the daughter, referencing the previous transactions. Alternatively, a registered Will could also be considered.

T. Kalaiselvan, Advocate (Expert) 29 April 2024
If the earlier registered gift deed was cancelled by executing a registered cancellation deed, then the property has been reverted to the original title holder.
Thus by the above virtue you have a clear and marketable title to the proeprty therefore there is no problem for yo to transfer the property in favor of your daughter by executing a registered gift deed

kavksatyanarayana (Expert) 30 April 2024
You bought the uds land and is it divided subsequently?

SIVARAMAPRASAD KAPPAGANTU (Expert) 01 May 2024
As per your query later, the Gift Deed in favor of your Mother was canceled on mutual consent at the registration office which means it was cancelled by executing a registered cancellation deed.

You can write a new Gift Deed duly mentioning all that happened viz. gifted to mother which was later canceled, duly mentioning all the references. Before doing so, please make up your mind and make a final decision. Once you decide, you can even go for Will which can be registered, wherein you can mention the Apartment property in the Schedule to go to your Daughter.

P. Venu (Expert) 04 May 2024
The query suggests no legal elements of issues.

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