Gift deed
SG SIDDESH
(Querist) 05 May 2014
This query is : Resolved
About 12 years back, my mother made and registered a gift deed of a portion (1/3rd) of her self acquired immovable property to my sister. In that deed, there is a mistake: Nort-South and East-West directions have got interchanged, but in the description of the schedule of the property, adjacent properties have been correctly indicated. Can this mistake be corrected by my mother with an amendment? My sister is now not on good terms with my mother, myself and my brother. She is aware of the mistake and not prepared to co-operate for the correction. Under these circumstances, whether my mother can get the amendment registered without my sister's signature? Please advise. My second query is: My mother has now (2 years back) gifted her remaining 2/3rds property to me and my brother through two separate Gift Deeds and duly registered. Now, myself and my brother want to sell this property. Whether my sister can create any legal hurdles for this sale and demand her share? Please advise.
ajay sethi
(Expert) 06 May 2014
once gift deed is made and duly stamped and registered you and your brother are absolute owners of the property . you are free to dispose said property . your sister cannot create legal hurdles in it way
ajay sethi
(Expert) 06 May 2014
mistakes made in gift deed are minor . if your sister is not willing to cooperate for correction of mistakes forget it
SG SIDDESH
(Querist) 06 May 2014
Thank you very much Mr.Ajay Sethi. I am much obliged to you for your kind clarification.
T. Kalaiselvan, Advocate
(Expert) 08 May 2014
If your mother had valid and perfect title over the property gifted in you as well as your brother's favor, the said gift deeds can be held as valid in law over which your sister cannot make any dispute. Subsequent to gift deed in your favor, you both can dispose it any manner independently, you do not have to consult your sister about it for any reason.
SG SIDDESH
(Querist) 15 May 2014
Thank you Mr.Ajay Sethi and Mr.Kalaiselvan for your kind replies.I need further clarifications on some more aspects of the case which I had posted on May 06, 2014. Kindly give me your valuable advice on the following:
1) In the gift deed from my mother to my sister, there is a clause that either my mother or any of her legal heirs will not have any claim on the portion of the property gifted to her. On this deed, the signatures of myself and my brother have been taken as witnesses. We have indicated our respective places of service as addresses, whereas the document was registered in Mysore ( we were not present in Mysore, it was sent to us by post and we signed from our respective places of posting). Is this valid?
2) Of the total undivided property owned by my mother (land and two houses) , the portion gifted to my sister is not exactly 1/3rd, but slightly less than that. Total area: 8547.25 sq.ft; area gifted to my sister: 2625 sq.ft, including a house. Actually, the gift deed was got prepared by my brother in law from a deed writer and not from any qualified lawyer. The details of the property mentioned in the gift deed of my sister, including measurements and directions, were decided by brother in law and sister themselves. We did not say anything regarding these details since both myself and brother were far away from Mysore and we had total faith and trust with what was prepared by the brother-in- law and the sister out of natural love and affection towards the sister. On the ground, i.e., area gifted to her being slightly less, whether my sister can claim her share if myself and my brother try to sell our portion of the property ( land and a house located adjacent to sister's property) gifted by our mother?
3) I understand that my sister is planning for legal recourse on the ground that the propery is a joint family property and that she should also get her due share if myself and my brother sell our parts of the property (land and house) gifted by our mother. Whether this is permissible in law? The gift deeds in favour of myself and my brother have been duly drafted by a qualified lawyer and registered and stamped in Mysore.
4)Since my sister is not prepared for correcting the mistake in her gift deed (i.e., East-West and North-South being interchanged), can we go ahead with the sale of our portions without this correction?
I look forward to your valuable guidance on these issues.
Thanking you
SG Siddesh
SG SIDDESH
(Querist) 20 May 2014
Dear Experts,
I request you to kindly advise me on the issues I have posted 4 days ago. Thanking you
Regards
SG Siddesh
