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Raj. (Project Manager)     12 October 2012

Registered gift deed

Hello,


Around an year ago, our grandmother executed a registered gift deed for terrace rights of her property, to her 2 grandsons ( me and my brother ) in order to construct living space for their families. Ground floor rights are completely held by my grandmother. My grandparents, my mother and we brothers have been living as a happy united family since 30 yrs on the ground floor of the same house. My father had expired 17 yrs ago and other than him, my grandparents have a daughter who is married ( my Bua).
 
With passage of time, under influence of their daughter, my grandparents have purposely defamed us & levelled false allegations on the behaviour of grandsons and daughter-in-law. This despite our constant efforts to support them socially and financially but my grandparents have stated that they will not allow us brothers to initiate any construction above until BOTH of following demands are met:


1) Huge lumpsum of money, they are not agreeing to continous monthly compensation from grandsons as financial aid on top of a decent pension.      AND
2) They are also asking my mother to completely vacate her legal residence and move with the sons.

Now they want to cancel the registered gift deed and have sent legal notices to me, my brother and mother stating many false allegations.

I would be grateful if distinguished members can clarify the following queries:


1) Can my grandmother legally cancel the registered gift deed which was done in presence of the registrar, grandsons, grandmother and 2 witnesses ? The registration fees has been paid by grandsons. Is there any senior-citizens tribunal / forum which can void this deed ?

2) Having received legal notices from grandparents, what are the options we have & can we still initiate construction of Upper floor ?

 

Thanks in advance. Seeking good advice.



Learning

 1 Replies

S Jadhav 98336 98330 (Jadhav & Associates)     12 October 2012

If she has gifted the rights to the terrace vide a registered gift deed then she cannot take away a gift once given as the transaction was completed when the deed was registered and if you had taken possession (both physical as well as on paper i.e. with a possession receipt).

To reverse the gift she will have to take your permission as now the rights belong to you.

However, without scrutinising the gift deed and other documents, it cannot be ascertained if the rights gifted also included the right to construct, etc. Also, you have to obtain permissions from the local authorities. Besides this you will also have to take the assistance of a structural engineer to see whether the building will be able to bear the extra load or whether you have to strengthen it. To do all this you will requie the help of the persons who have the right to the lower floors of the building.

My advice would be to arrive at some compromise and get it done.  We normally request the person who gets a gift to use the gift as soon as possible so that such ideas of reversion do not occur.

S Jadhav


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