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Joy Manglani (President)     31 May 2012

Gifting an unregistered property

To Learned Advocates,

Dear Sir / Madam,

Can an Unregistered Property be gifted and the said Gift Deed be registered?

My two brothers used a false & forged Will to transfer right of my Grandfather in a property to my father who was adopted by my said Grandfather. The property was registered in the names of my Grandfather and Father 50% each through a Regsistered Sale Deed of 1962 in Delhi. Then without registering the said property fully in the name of my Father, they took it (100%) as is a gift from him while excluding me. The Gift Deed was duly registered, which amounts to an Unregistered Property being gifted and the said Gift Deed being registered. Is the said Gift Deed Registration Valid? 

I have several evidences of the Will being false & forged and on this basis I complained to the Revenue Department which has started its enquiry through the Sub Registrar. I have not raised the above point as it just struck me. Should I raise it? 

The other side has submitted several false statements and false evidence to defend their case. These can be shown to be False.

What powers does the Revenue Department have in such a case, please?

Can they cancel the Registration? Can they commence prosecution u/s 82 & 83 of Registration Act 1908?

Is their any other violation? eg. Stamp Duty violation, please?

How shoud I proceed further, please?

Regards.



Learning

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