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Wuok Toud   16 June 2023

Property purchase based on gift deed and release deed

The father had bought 2 property in 1983. He is now married to second wife and 1st wife is still there and not divorced. The father had gift deed his property A to his daughter in 2012 and is registered.

A common release deed was executed between both person with both the property schedule mentioned , with releasors as daughter and releasee as father, saying that daughter and 1st wife will have no right on property B and father or 2nd wife will not have any right on property A after the execution of release deed. After this, the original release deed was given to the father and a Xerox was given to the daughter.

The gift deed of 2010 is lost so certified copy is taken with fir, news paper publication and advocate noc  The release deed Xerox is present.

 

Can We go with this property



Learning

 5 Replies

kavksatyanarayana (subregistrar/supdt.(retired))     16 June 2023

How many children are there to the father with 1st and 2nd wife? You stated that the father and daughter made a release deed, the 1st wife and daughter released their right to property B, and the father and 2nd wife released their right to property A.  But 2nd wife has no right on any property as it becomes bigamy,  Your query is unclear to me.

Wuok Toud   16 June 2023

Sorry, full details could not be mentioned due to some error. I will explain in detail. 

The 1st wife has 2 children and 2nd wife has 1 daughter still minor 

The father had 2 property, out of this 1 property which is property A has 3 floor. Property A was gifted to 1st wife and children with each floor to each person (gift deed to daughter in year 2010, son and 1st wife on 2014.) Before the gift deed of 2014, on same day a Release deed was executed as attached. 

Now out of the above deeds, daughter gift deed is lost but certified copy is taken and original of release deed is with the father. The son and mother don't have any objection to sell the property.The daughter has a copy of release deed.


Attached File : 958381 20230616214642 releasedeed motherdeed.pdf downloaded: 62 times

T. Kalaiselvan, Advocate (Advocate)     17 June 2023

Actually the property belonged to the father hence it is his self acquired property.

In that case there was no necessity for him to obtain the release deed from his first wife or the chidren born to first wife.

The transfer of his property A to his wife and two children is perfectly legal and valid.

It appears that all the three floors were transferred by three gift deeds, hence the other gift deeds of the same building executed siultaneously may be considered as evidence to prove the title of the beneficiary who lost her gift deed.

Besides the beneficiary/daughter has alreay obtained the certified copy of the gift deed by observing proper procedures of law, hence if other details are correct, proper and if your lawyer recommends the purchase of this property, you may proceed. 

Advocate Bhartesh goyal (advocate)     17 June 2023

Since the property 'A' was self acquired property of father so he had every right to transfer the property to anyone as per his wish and he transferred the property 'A' to his wife,son and daughter through registered gift deed and they became absolute owner of property 'A'.After transfer of property 'A'  father,his second wife and daughter of second wife have no right,title or share

Shashi Dhara   17 June 2023

As daughter is still minor it cannot be sold without court permission .


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