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Mary Roseline   10 August 2022

Transfer of property in blood relation

Hello All,

My grandfather( self acquired ) property is transfer to my mother by settlement deed and my grandfather cancelled it.

we went through court and cancelled the cancellation.

Now my grandfather wants to transfer the property to me and my sister (grandchildren)

My question here is Do I need to do settlement deed or sale deed? which is a strong one? where none of my aunt amd aunt children and uncle amd their children won't make us struggle again and of course my grandfather too

 

please suggest a correct deed to do.



Learning

 8 Replies

Dr J C Vashista (Advocate)     11 August 2022

Advise your grandfather to contact a local prudent lawyer to draft and register a "gift deed" in favour of anyone of his choice.

1 Like

Mary Roseline   11 August 2022

Actually my grandfather planning to do sales deed to us (grandchildren) will that work?

if gift deed is done. Don't we get any problems from my mother's siblings and their Children?

Dr J C Vashista (Advocate)     11 August 2022

Transfer of property on execution of "Sale Deed" or "Gift Deed" are on equal footing except on "consideration" and "without consideration", wherein both the documents are irrevocable but can be challenged.

Mary Roseline   11 August 2022

Sir/ Madam - thanks for the reply. I have few morel questions follows. Kindly help me on the same 

1) If gift deed is completed. Is there a possibility to receive challenges from from aunt and uncle and children or grandfather himself?

2) Is there a way to resolve this issue once for all without any challenges?

3) If gift deed is completed. After my grandfather demise do we need to do sale deed again or what will be the process?

4) If sale deed is completed. After my grandfather demise what do we need to do?

Shashi Dhara   11 August 2022

Any aggrieved party can challenge we cannot predict ,you have to contest it in court legally.

P. Venu (Advocate)     15 August 2022

"we went through court and cancelled the cancellation"! Admittedly, the original settlement is still valid and the property continues to vest with the mother. As such, what is the relevance of the grandfather making further settlement deed,

Furthermore, the facts posted suggest deeper issues. Please post complete facts.

 

1 Like

Mary Roseline   15 August 2022

My current lawyer suggesting to do the settlement deed again with some more valid points and make my grandpa and my mother to sign on it.

In court judgment copy the point mentioned as, my mom can settle the property to us during my grandfather lifetime 

Dr J C Vashista (Advocate)     16 August 2022

The facts posted are vague and confusing, where either the facts are fabricated or you are concealing some important issues involved therein.

Prima facie it is a time pass query.

If there is some truth in the story it is better to consult a local prudent lawyer for proper analyses of facts and professional advise.


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