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theresa r d (asst)     22 September 2010

registration of old gift deed

my grandfather gifted 3 gunthas land to my father in 1968.?The gift deed is written on stamp paper .The deed was not registered .This 3 gunthas is a part of a plot which is 30 gunthas.My father has constructed a house on the plot gifted in 1961 the remaining 26 gunthas was sold to my father's sister in 1972 .but due to the land fragmentation act that existed my father could not register his 3 gunthas and the 30 gunthas was registered in his sister's name .On day of registration my father has obtained a promise deed from his sister which states that though 30 gunthas is registered in my name yet because of the gift deed and the house already constructed I and my heirs have no right over the 4 gunthas given to my brother.The 2 plots that is 4 gunthas and 26 gunthas are situated apart and have different neighbouring plots.T he gift deed mentions the neighbouring plots and my aunts registration also mentions her neighbours which are around the 26 gunthas purchased by her My grandfather and my father are no more.As legal heir my mother wishes to register the gift deed so that as legal heirs of my father our names will appear in the 7/12 extract and as the land fragmentation act is abolished.can you tell me how to go about the registration ,how much stamp duty to be paid.the land is situated in maharashtra



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 3 Replies

R.Ramachandran (Advocate)     25 September 2010

Dear Theresa,

You say that the gift deed in favour of your father is not registered.

You also say that the entire 30 gunthas (including the 3 or 4 gunthas gifted to your father) has been registered in the name of your aunt.

But there is a  promise deed from his sister which states that though 30 gunthas is registered in my name yet because of the gift deed and the house already constructed I and my heirs have no right over the 4 gunthas given to my brother.  THE QUESTION IS WHETHER THIS PROMISE DEED IS REGISTERED?  If not, you take it from me, unless your Aunt now gives the 3 or 4 gunthas through a Registered Sale Deed - of course it will involve stamp duty (which probably you may have to bear) - the 3 or 4 gunthas will not come to you or your family. 

The question of your mother desiring to have the 4 gunthas registered in the name of legal heirs of your father is not legally possible. 

theresa r d (asst)     29 September 2010

Dear Mr Ramachandran

Thank you for answering I would like further clarification.I observe on in depth scrutiny that my grandfather has gifted 3 gunthas out of a total of 38 gunthas .my aunt holds 30 gunthas with her neighbours mentioned in the registered agreement whereas my father was gifted 3 gunthas with neighbours mentioned in the gift deed .we are in possession of the 3 gunthas Can we  register the gift deed by paying the penalty towards stamp duty etc?

R.Ramachandran (Advocate)     30 September 2010

Dear Theresa,

It is not only the question of paying penalty, but who will execute the gift deed (your grand father is no more)?


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