Civil Procedure Code (CPC)

about gift deed


We received a gift of 4 acres agricultural land from a relative. And we registered on 2010 with gift deed in f/o family But problem is we mentioned donor and donee is brother and sister of same father but they are not.
is there any way change that registration document if we pay registration fee for others gift deed category
Plz give me some solutions to clear this problem
 
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Advocate

What problem facing you are now? Is any disputes occur? state the facts clearly. what is the reason the issues raising after 10 years?

 
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Retired employee.

It is left to the Sub-Registrar, to fix the Registration charges basing on the recitals of a deed.  Some purchasers for consideration, in order to avoid huge court fee as per market value, may style the deed as a gift deed to evade the court fee.  The sub Registrar may satisfy himself that the deed is a bonafide document that states facts and it is his discretion.  A grievance can be filed with his higher authority as gift deed must be out of love and affection between some relationships and the recitals must state those facts.   I am aware of many such partition suits where co-sharers use the consideration of undivided family and purchase property from relatives from mother's side in the style of gift deeds, to show that property is self-acquired, and these things happen when the other co-sharers are not local residents and may not go through recitals of such deeds..

 
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Advocate

Why you want to wake up a dormant issue?

 
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because one of my relative filed a suit against that property .
if he point out that mistake
we face problems in the court.
that's why I want to solve that issue
 
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Retired employee.

You can not undo a fraud that has taken place through a registered deed.  Whatever may be the reasons in styling a sale deed as a gift deed that is a fraud.  The court can by studying the construction of the deed even take a limitation period of 3 years from the date of such knowledge. of fraud.  A declaration suit can be filed by the necessary party for declaring such a gift deed as a sale deed. Those who resort to such frauds immediately dispose of the property for a throwaway price with an understanding that the entire litigation/compromise costs will be borne by the purchaser.   As litigation takes a minimum of two decades, if the purchaser has such influence, he will gladly accept the offer.

 
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that land not purchased
it's absolutely a gift
but not within the family
it's a gift from relative
and they don't how to register on that time 10 years back .so they taken an advice from document writer(agent).
 
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Retired employee.

Reddy garu,

This is your query: We received a gift of 4 acres agricultural land from a relative. And we registered on 2010 with gift deed in f/o family But problem is we mentioned donor and donee is brother and sister of same father but they are not.

The underlined sentence is a misrepresentation. The relatives need not show such a relationship that is not true even if some one gives 4 Acres a gift, he can state the reasons for giving such a huge gift to some other.

There was evasion of requisite registration and stamp fee to Govt.

If due to misrepresentation, some entitled sharer is deprived of their rights, the deed can be challenged by those victims.

The court can only declare its validity.  Contact a local advocate as there are many ways to sort out the issue if the deed is not challenged.

If someone challenges it, defend yourself.

Once a deed is registered that can not be canceled/modified after a decade.

Only a competent court is having such powers to declare the validity of the deed or power for cancellation.



 

 
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Advocate

If you want to rectify the gift deed, then the donor has to execute a registered rectification deed to amend the contents  or any particular issue that has been erroneously mentioned in the registered document.  If the relationship between the donor and the donee is changed now, then it may attract additional stamp duty than what was paid for the originally mentioned relationship between them.

The rectification deed can be executed even now if the donor is alive now or through his legal heirs.

 

 
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thanq for your answers
 
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