Deed clarification
Sundar
(Querist) 22 December 2018
This query is : Resolved
Please clarify settlement deed and gift deed.
Sundar
(Querist) 22 December 2018
I have bought the house before 10 years in my mother name (she is the sole owner of the property as per the document).
Now she wants to give the property to me.
I have younger brother too.
Please advise which one is best (settlement deed or gift deed).
I don�t want any problems in the future.
Sundar
(Querist) 22 December 2018
Please advise
kavksatyanarayana
(Expert) 22 December 2018
A Gift may be made to any person and it requires acceptance of the donee. But the settlement deed be executed in favour of dependent s. Your mother shall execute Gift deed in your favour.
Dr J C Vashista
(Expert) 23 December 2018
What do you want, whether you want to enjoy absolute ownership or share with your brother ?
What is the opinion/ advise/ settlement of your mother and brother qua subject property ?
Kumar Doab
(Expert) 23 December 2018
GO thru;
Central Government Act
The Transfer of Property Act, 1882
;122, 123
https://www.advocatekhoj.com/library/bareacts/transferofproperty/index.php?Title=Transfer%20of%20Property%20Act,%201882
Indian Registration Act; 17
https://indiankanoon.org/doc/561156/
Stamp Act
Income Tax Act;47, 49, 56
Kumar Doab
(Expert) 23 December 2018
Settlement (Absolute/Conditional) might be possible to family/relatives and Non relatives out of love and affection, trust etc .
The title holder/owner of self earned/acquired property may gift/settle.
The gift is complete the moment IT is gifted by donor and accepted by done.
Therafter donee (beneficiary of say immovable property by gift) subsequent to registration of gift deed may apply for updation in mutation reords and if LOCAL procedure requires consent of donor may get it and apply and obtain authenticated copy of updated mutation records.
Gift deed can not be unilaterly cancelled by done and if donor does IT may not have any legal force.
Donor and done may jointly cancel the gift deed.
Gift can be revoked by court.
By the way, is there any or what is the narration in agreement to sell, sale deed or any other document about who is paying for the purchase fo property/proof of source of funds?
Have you retained the narration/proof of sources of funds?
Your mother if she wishes by her free will can affirm the flow of funds to buy the said property.
The title holder of property can dispose her/his property by valid/registered gift deed.
You seem to have some issues therefore let your own very able LOCAL counsel draft the requisite documents and deed for you, so as to defend your long term interest..
Kumar Doab
(Expert) 23 December 2018
You may take help for any matter from, elders of your family, competent and experienced well wishers, seasoned PIP’s, helpgroups, community leaders, NGO’s, experienced colleagues, associations, religious scholars/leaders, influential persons, Employee’s/Trade union leaders, help groups for spouses (Husband/wife) etc and find a very able LOCAL counsel specializing in concerned filed of law e.g; Succession/Civil matters as in your case, and well versed with LOCAL applicable rules, precedence, latest judgments etc …. and worth his/her salt, can advise you after examining all case related docs, inputs, evidences on record.
Obtain proper legal opinion in writing!
Avoid acting on your own on hearsay.
One should not fall for IT’s and entities loitering at online portals to allure unsuspecting querists. There are many threads on such instances at LCI also.
Online discussions are not substitute to in person discussions with a very able counsel of unshakable repute and integrity specializing in concerned field of law.
One should not fall for IT’s and entities loitering at online portals to allure unsuspecting querists……the personal details of unsuspecting querists/citizens get stored in databanks/compromised……hacked.
Not only your counsel ( if other very able counsel opine that 1st counsel’s advise was bad, misleading) many posing as Lawyers (actually Liar) have been raking up disputes at online portals including LCI on subjects like ; WILL, Nomination, Gratuity etc etc with their misleading, illegal advices and conduct..and have failed due to untiring efforts by some sincere and good natured Experts that indeed want to help and contribute at such portals. Such entities operate by forming gangs ( ikdi, dukdi, tikdi, chokdi and even more)….and attempt to deflect, divert to other members of their gangs to fleece the unsuspecting querists. Many of such entities have never been to courts and might have never won in any case and may not be able to count even on their fingertips. In the end multiple fake ID’s of such IT’s and entities get permanently blacklisted, shunted out at online portals and outside online portals and even society………and that is exactly what they deserve. Make a note of such entities and if the need be act to confine them to correctional centers; Jail, and let their cost and consequences be, heritable. Why such IT’s and entities litter nuisance at online portals: to hide their own weaknesses, and to satiate their insatiable itch and due to their infectious greed. One should stay away from such infected entities and hence away from such infection. You may post if anyone has ever asked /is asking for money from you have paid.
Such IT’s and entities keep on poping up at online portals with fake and new ID’s after their old ID’s are permanently blacklisted/shunted out and money fleeced from unsuspecting is finished.
There are such very able counsels at each location.
Check for such counsels at LOCAL; Civil Courts, HC, SC,..
You can also try for FREE legal Aid from Legal aid center (DLSA) that is usually within LOCAL courts complex..preferably from a very able counsel specializing in Succession/Civil matters.
Your counsels may opine that you can appear on 1st date, and obtain copies of petition etc to reply later ….and inform the court that you shall be engaging a counsel and appear thru your counsel….Or your counsel can appear and obtain copies of petition etc and reply later or your new counsel can appear for you.
Your counsels can advise after examining all docs/record/inputs pertaining to your matter and help you. You can also search threads on similar query in SEARCH option ON left Hand side of threads in Forum/Experts section. Having learnt a lesson, remember to consult beforehand for your matters or any matter about which you are not properly informed.
There have many instances of such entities operating with multiple fake Id’s at online portals.
The FEE of all LOCAL counsels at all LOCATIONS is not high/unreasonable as mis-believed by many.
Many counsels even at State Capital/Metro towns do not demand unreasonable high FEE.
IT is rather at online portals that unsuspecting querists are mislead as per many publications, by IT’s and Entities that pose as some Lawyer (actually LIAR) and flaunt/advertise firms that are not Law Firms (Actually LIAR’s Firms) to believe that LOCAL counsels are not knowledgeable..are incompetent.
In Reality the LOCAL counsels win cases in LOCAL courts at all LOCATIONS.
You can go thru/search the cases contested by any Lawyer at court website.
Rest; Your own very able LOCAL counsel as already advised above, can advise you in person, after examining all docs, inputs in person.
Obtain proper legal opinion in writing.
Kumar Doab
(Expert) 25 December 2018
How did you pay the proceeds?
