Can a gift deed be acted upon before the date of its completion of registration?
K.K.Ganguly
(Querist) 25 January 2013
This query is : Resolved
Would the Ld. Experts kindly give their valued opinion on the following:-
1) A had gifted 50% of her house to her brother B through a Gift Deed dated 01.03.2005 which was registered on 30.11.2005 after making payment for the stamp duty. Till it was registered the Deed was marked as ‘Pending’. It is to be noted that B had died on 01.05.2005 i.e. before the Gift Deed was registered on 30.11.2005 & C & D are B’s wife and son,
2) Now just before registration of the said 50% of her house, A had mortgaged the entire house with a Bank for taking loan which she could not repay hence the Bank has initiated SARFAESI Proceeding to sale the entire house to realize its dues,
3) Now C & D, being the wife & son of B, have gone to DRT & brought a stay on the said sale of the entire property claiming that they are the owners of the 50% of the property mortgaged by A,
4) While mortgaging the entire property on 01.10.2005 i.e. before the Gift Deed was registered on 30.11.2005, A had given an affidavit stating that she is the sole owner of the entire property.
My query is;
a) Is the above Gift Deed valid since it was dated 01.03.2005 but registered on 30.11.2005 when the donee had already expired on 01.05.2005?
b) Can any deed, be it gift deed or any other type of deed, be acted upon or recognized before the same is registered by paying Govt. Stamp duty?
c) Can any body sale his property on a day when he has got the property by a gift deed which was registered after the sale date though the Gift Deed says that it has been gifted on a date which is prior to the sale date?
d) Is there any citation stating that the date of registration of the Deed of Gift is the date of ownership of the property by the Donee?
e) When A has already mortgaged the entire property on 01.10.2005 can the said Gift Deed gifting 50% of the property to the Donee who died on 01.05.2005, which has been registered on 30.11.2005, be called valid deed and acted upon?
Thanks in advance.
Anirudh
(Expert) 25 January 2013
Please indicate when was the duly executed GIFT Deed presented in the office of the Sub-Registrar?
K.K.Ganguly
(Querist) 25 January 2013
It was presented on 01.03.2005 with lesser amount of stamp duty. The said Gift Deed was as pending and was registered on 30.11.2005 when the balance amount of stamp duty was paid & in the meantime the Donee had expired on 01.05.2005.
Raj Kumar Makkad
(Expert) 27 January 2013
In the given facts, the gift shal be treated as valid as on 01.03.2005 hence A had no right to claim his exclusive ownership over the entire property on 01.05.2005 while seeking the loan. The plea of C & D is valid. Subsequent mortgage by A is invalid as he had already executed the deed though the same was pending for registration due to lesser stamp duty.
The matter of gift is separate than the sale-deed. A sale-deed can take effect only when the same is registered whereas the gift completes immediately on offer and its acceptance though registration gives it a legal shape.
