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Notarized gift deed - pls help

(Querist) 06 September 2013 This query is : Resolved 
Dear Experts,

My friends Step-father aged 85 years, executed a NOTARIZED Gift-Deed of an
immovable property (Agricultural Land) on my mom's name, which admeasures 18 acres in Jalgaon (Maharashtra). On 7/12 extract,
there's Karja-Boja (liability) of approx 3 crore, imposed by the Income Tax and approx 11 Crore from the Tehsildar in respect of the Royalty. The Income Tax matter is in the Tribunal and Royalty matter is the High Court, Bombay. Both the cases are likely to be resolved soon.

My friends step-father is a hardcore miser, and owns lot of properties in Mumbai and also in various part of Maharashtra.
His mom, his younger brother and himself are working like slaves for the day
- night. His step-father wont easily give anything to them except false assurances as he has been doing for his workers and relatives.

His real son and grand-sons are very cunning and awaits for the death of his step-father so that they can dispose off the property. Earlier, they have disposed off several properties by falsely stating that their grandfather has expired and they are the legal heirs.

Step-father, his son and grandsons are not in good terms and he is very well aware of the illegal activities done by his son and grandson. Atleast, he thought of his mom and executed a Gift Deed and this 18 acres plot is the only plot which bears his step-fathers name on the 7/12, rest all the properties are in his firms name. In the firm, his son is the partner.

After his step-father's death, they may jump in to dispose off the 18 acre land as the land is vacant and free from encroachment.

So in order safeguard the property...

1. How can he add his mom's name entered in 7/12 extract even if its pencil entry no issue with that? If yes, then what will be the procedure?

2. Can he fight as per Muslim Law?

3. Is Muslim Law considered in the Indian Court of Law?

4. How can he get the Deed registered, can he do one-side registration by paying the stamp-duty?

Please reply,

Regards,

Rizwan Shaikh
Sudhir Kumar, Advocate (Expert) 07 September 2013
unregistered deed does not transfer any immoveable property to anyone
Rajendra K Goyal (Expert) 07 September 2013
Deed should be registered to result a legal gift.
malipeddi jaggarao (Expert) 09 September 2013
Agreed with experts.


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