Gift Settlement Deed/Gift
Seshagiri Viswanatha Rao
(Querist) 03 June 2010
This query is : Resolved
Dear Sir
Very Good Evening
Thank you very much for your excellent feed back To enlighten further my late father had purchased two plots admeasuring 300 sq yds each some decades back The EC issued by the Sub Registrars dates back to 1965 to June 2004 indicated no transactions He expired in Jan 1987 and my late mother in May 1992 The Original title deed of landed properties are in father's name In the meanwhile illegal transactions have taken place and based on the strength of the strength of declaration made by the claimant had got it registered these documents in his favour and wife viz HUSBAND AND WIFE duly claiming it as gift/ancestral properties and on the date of illegigal gift settkement my late father had expired long back During his life he did not gify any portion of land to his own legal heirs or any other persons In fact the claimant in the illegal transactions was not blood related to my late father
Kindly enligten whether giftdeed/fudr settlement deed can be registered by a Sub Registrar on the basis of declaration made by any individual and if so to indicate relevant act/section under which such type of registrations are permissible Even I had requested the SUB Registrar concerned to furnish details of particulars of Gift Sale Deed Copy but replied that it was registered based on the strength of declarations made by the executant Is it permissible and is it not necessary for the registering authorities to verify and enquire if necessary for the Sub Registrar to go into details of documents prior to effecting registrations In the certified copy of the illegal gift settlement deed there is no mention about the Sale Deed Number of my late father and we the five living heirs are not in a position to assess as to how and what basis the executant claimed the landed properties of my late father as ancestral property/gift These documents have been fabricated and misrepresented the facts The SRO has also replied that the department cannt go into the details of documents or make enquiry All the supporting documents including Oiginal document is with us and it has not been surrendered or made use of in subsequent illegal trnsactions as replied by the SRO concerned under RTI Act
Kindly render further advice
SV RAO
- Show quoted text -
Guest
(Expert) 12 July 2010
The SRO is right. They do not have powers to verify the authenticity of the documents presented before them.
You can file a civil suit for 'declaration' as well as 'to set aside' the fraudulent gift deeds. Further, you can lodge a criminal complaint for forgery, too.
Seshagiri Viswanatha Rao
(Querist) 14 July 2010
Good Morning
Dear Advocate
Kindly enlighten in case of registration of Gift/Gift Settlement Deed is it mandatory for a donor donee to be present before the registering authority for affixing their respective signatures vefore a Sub Registrar concerned and if so to indicate under which act or section they have be present before the sub registrr prior to registering gift settlement deed
Thanks
S V RAO
Seshagiri Viswanatha Rao
(Querist) 17 July 2010
Good Morning
Dear Expert
Bery Good Morning
LEGAL NOTICE
Thank you very much Is it necessary to give a prior legal notice to the illegal land grabber prior to filing a civil uit Also nlighten whether it can be issued from Chennai where my first legal heir is residing but th jurisdiction landed property is Andhra Pradesh of Ranga Reddy District or whether it has to be issued from Hyderabad This to avoid local unwarranted troubles
Thanks
s v rao
