30% OFF on all Law Courses until 10th of July. Enroll Now. Use Code: July30
LCI Learning

Share on Facebook

Share on Twitter

Share on LinkedIn

Share on Email

Share More

coolguy   17 July 2018

Property received thought unregistered gift deed

I have reveived a property from my mother through a unregistered gift deed in the year 1984. The Society transfered the property in my name in Share Certificate.

My mother expired in 2009.

Kindly guide me whether there is clear title to my property since my other brothers are making claims in the property (verbal threats) ?



Learning

 12 Replies

kavksatyanarayana (subregistrar/supdt.(retired))     17 July 2018

un-registered gift deed is not valid.  However consult an able counsel who has well knowledged in the matter.

coolguy   17 July 2018

It was in 1984. Still its not valid ?

Kumar Doab (FIN)     17 July 2018

Agreed with Mr. Kavksatyanarayana.

'Buyer Beware' applies to property deals.

It shall be appropriate to get proper legal opinion from a very able LOCAL senior counsel of unshakable repute and integrity specializing in revenue/property/civil/DRT matters and well versed with LOCAL applicable rules/laws and having successful track record…. and worth his/her salt , before signing or making payment.

This may cost some FEE but can defend long term interest and hard earned monies.

 

This applies in your situation as well.

Had you consulted your counsel would have advised to register the deed.

Kumar Doab (FIN)     17 July 2018

 

Is there any provision, precedent in case of nature of said property that unregistered gift deed is valid?

Did other legal heirs (other brother as per query) sign for transfer of shares in your favor?

A registered gift deed can also be contested on valid grounds.

Thus your brothers can indeed agitate and approach court.

The court shall decide on merits.

Kumar Doab (FIN)     17 July 2018

 

GO thru;

Transfer of Property Act, 1882;122,123

Registration Act;17

 

And Bombay HC judgment by Justice Roshan Dalvi; Unregistered gift deeds not valid

 

1 Like

Kumar Doab (FIN)     17 July 2018

Also go thru;

 

Supreme Court of India

Hafeeza Bibi & Ors vs Shaikh Farid(Dead) By Lrs. & Ors on 5 May, 2011

Author: R Lodha

Bench: R.M. Lodha, Surinder Singh Nijjar

 

 

34. Now, as regards the facts of the present case, the gift was made by Shaik Dawood by a written deed dated February 5, 1968 in favour of his son Mohammed Yakub in respect of the properties `A' schedule and `B' schedule appended thereto. The gift - as is recited in the deed - was based on love and affection for Mohammed Yakub as after the death of donor's wife, he has been looking after and helping him. Can it be said that because a declaration is reduced to writing, it must have been registered? We think not. 

 

Madras High Court

The Chairman And Managing Trustee vs Tmt.C.V.Rajeswari Ammal on 22 June, 2012

      

 

19…plaintiff who was aware of the fact that no transfer has been effected under the unregistered gift deed, has failed to adduce reliable and sufficient evidence to discharge the burden of proving that the possession of the suit property by the plaintiff at least from the date of the said unregistered gift deed, namely 6.1.1985, was with the necessary animus to possess it adverse to that of the defendants and that hence the plaintiff has miserably failed to prove its case that it has possessed property with necessary animus to possess it adverse to that of the real owners over and above the statutory period and thereby perfected title by adverse possession.

 

 

Approach ASAP a very able senior LOCAL counsel of unshakable repute and integrity specializing in revenue/civil   matters  and well versed with latest citations, LOCAL applicable rules/laws/ … and having successful track record…. and worth his/her salt…..and show the case related docs etc etc and defend your interest..

 Check for such counsels at LOCAL civil courts, HC……

1 Like

coolguy   17 July 2018

Please provide contact info of an excellent advocate in this matter in Mumbai.

What is done is done, I just want to know what to do now.

So, its still grey area and not 100% against me.

Kumar Doab (FIN)     17 July 2018

You can search in LCI SEARCH option and inquire locally...

Kumar Doab (FIN)     17 July 2018

LCI Experts Mr. Hemant Agarwal, Mr. M.V.Gupta, Mr. Kishore Mehta.................may be at your location and they post with insights into such matters in threads, Articles...............

If you wish you may get in touch with them...

coolguy   17 July 2018

Thanks a lot. Will consult a expert.

coolguy   18 July 2018

What is the significance of 10th December 1985 from when stamp duty was compulsory.

I think since its before 10th December 1985 hence the gift deed was not registered. Whether this line of argument is valid.

TGK REDDI   19 July 2018

Shri K. A. V. K. Satyanarayana is more suitable for discussing such matters.


Leave a reply

Your are not logged in . Please login to post replies

Click here to Login / Register  


Start a New Discussion Unreplied Threads



Popular Discussion


view more »




Post a Suggestion for LCI Team
Post a Legal Query