Can a gift deed be registered 15 years it was signed.
Querist :
Anonymous
(Querist) 20 June 2023
This query is : Resolved
SIR, MY GRANDMOTHER HAD SIGNED A GIFT DEED IN THE YEAR 2007, WITH MY MOTHER AS THE SIGNATORY. I WAS 10 YEARS OF AGE THEN. MY MOTHER & GRANDMOTHER ARE NO MORE.
THIS GIFT DEED HAS ONE WITNESS WHO IS ALIVE TILL DATE.
THIS WAS ALL DONE AT MUMBAI AS THE PROPERTY IS IN MUMBAI.
NOW AT 35 YEARS, CAN I REGISTER THE GIFT DEED?
IF YES, WHAT WILL BE THE PRODCEDURE, STAMP DUTY & WHO IS NEEDED TO BE PRESENT.
HOW CAN I LEGALISE THIS GIFT DEED IN A LEGAL WAY AS THE PROPERTY IS STILL AS THE WAY IT IS- UNSOLD & IN BAD SHAPE.
Sudhir Kumar, Advocate
(Expert) 20 June 2023
Your mother and grandmother have to attend registrar office for registration. You cannot do so .
or else the papers is having value of a WILL
Advocate Bhartesh goyal
(Expert) 20 June 2023
Unregistered gift deed has no value in eye of law.Since donor is not alive so it can't be register now.you have to file suit for declaration on basis of said document and get yourself declared owner of property.
kavksatyanarayana
(Expert) 20 June 2023
Yes. Very well advised by the prudent expert Sri Advocate Bhartesh goyal, sir.
Querist :
Anonymous
(Querist) 20 June 2023
SIR, I AM THE BENEFICIARY OF THIS PROPERTY.
Querist :
Anonymous
(Querist) 20 June 2023
THANK YOU SIR, WILL ONTACT YOUR TEAM IN MUMBAI SOON AS BOTH MY MOTHER & GRAND MOTHER HAVE EXPIRED.
T. Kalaiselvan, Advocate
(Expert) 20 June 2023
You were the beneficiary to the gift deed and your mother was a guardian to you at the time when you were a minor beneficiary.
However the gift deed is invalid becasue it was not registered at the time of execution.
The time limit for registering the executed document is four months only.
Now since the grantor nor the person who accepted the gift deed (i.e., your mother who accepted on your behalf ) are not alive you cannot get it executed once again, therefore this property can be considered as intestate property and the succession if open to all the successors in interest to succeed to the estates of your grandfather.
Even though you may plan to file a declaratory suit to declare the title to your name on the basis of this unregistered gift deed, if the other legal heirs are objecting to this then your case would not be maintainable.
Querist :
Anonymous
(Querist) 25 June 2023
THANK YOU, SIR THE WITNESS TO THIS GIFT DEED IS ALIVE...JUST ONE WITNESS.
K Rajasekharan
(Expert) 25 June 2023
The document which you call as Gift Deed is not a gift deed at all, as it was not registered when the donor was alive. Therefore, you cannot file any case based on that document which has no legal value at all.
What is to be done now is get the property devolved/ mutated on to the legal heirs of your grandmother according to the succession act applicable to your grandmother.
Querist :
Anonymous
(Querist) 27 June 2023
THANK YOU SIR. I WILL.
Querist :
Anonymous
(Querist) 27 June 2023
THANK YOU SIR. I WILL.
