Registered gift deed
sunitha
(Querist) 26 January 2014
This query is : Resolved
SIR,
My uncle registered settlement deed of his property in chennai to my mother in 1982 . which was unconditional,irrevokable,given out of his natural love and affection to his sister, these were mentioned in the deed.
Later in 2005 he revoked the settlement deed in the sub registrar office chennai.we came to know this recently through encumberance certificate.In the ec it was mentioned that the property registerd in 1982 has been revoked by uncle.
we also got the cancellation deed in that the reasons mentioned are:-
1,He is having the possession of property till date and he wants to build a house in that property and the donee also agrees for revocation.
2,But the "donees" signature is not there in the cancellation deed.
when we told him we would file a case against him for revoking the irrevokable deed.he said he will register this property again in my mothers name as settlement deed.
But later he said his lawyer told its not possible to re-register the gift deed as once it was revoked and new deed will not be valid.so hes saying he can cancel the revocation through court only.
1,does the sro has rights to cancel the deed.
2,can it be registered again by uncle to my mother's name will it be valid?
3,can uncle cancel it through court.
4,we have not paid any property tax till date
5,what should we do further kindly reply for my query sir.thank you
Dr J C Vashista
(Expert) 26 January 2014
Madam
a) You are giving contradictory statement regarding possession i.e., the possession was given to your mother in 1982, how it can be reverted in 2005? check which is correct statement.
b) Gift deed (once accepted by donee) cannot be revoked or cancelled.
c) Engage a local lawyer
Biswanath Roy
(Expert) 26 January 2014
It's an idiotic query. Gift Deed and Deed of settlement carries two different meaning. DEED OF GIFT CANNOT BE REVOKED, WHEREAS DEED OF SETTLEMENT CAN BE CHANGED BY THE SETTLER.
Unless you disclose the nature and character of the Instrument proper opinion cannot be given. By putting up a confused and idiotic question one must not harass the experts.
sunitha
(Querist) 26 January 2014
Sir,
due to some mistakes the above message has been modified
Devajyoti Barman
(Expert) 26 January 2014
If the settlement is acted upon the same can not be cancelled by the maker of this deed.
sunitha
(Querist) 26 January 2014
Sir
My uncle has revoked the deed in the sub registrar office chennai.From the information you gave we understand that it ir irrevokable.
But as he has revoked it what can be done further sir?
he told he will register it as settlement deed in my mothers name again.Is that possible sir?
V R SHROFF
(Expert) 26 January 2014
Yes, reply Shri B Roy, & clarify...
sunitha
(Querist) 26 January 2014
Later he said as his lawyer enquired in the subregister office he says it cannot be done as it was once revoked by him in the register office.so uncle says he will cancel the revokation through court.is it possible for him to cancel the revokation through the court sir?
sunitha
(Querist) 26 January 2014
Respected sir Biswanath Roy,
Please pardon us for the mistakes in the question above.I hav modified it.
sunitha
(Querist) 26 January 2014
Sir,
Can u please tell us what has to be done further.thank you
Biswanath Roy
(Expert) 26 January 2014
DEED OF GIFT is a gratuitous deed. After conveying such a deed the Donor shall loose his title over the property and the Donee becomes the absolute owner from the date of its execution WHEREAS the deed of settlement is a deed for settling assets and goods in favour of somebody. You ask the Settler what he actually wants to do. Deed of revocation once it is accepted cannot be cancelled by the order of the court.
T. Kalaiselvan, Advocate
(Expert) 26 January 2014
This is a case of unconditional settlement deed which was revoked by the donor fraudulently without the knowledge of the recipient/donee, now to cover the issue, the settler is volunteering to re-settle the property in favor of the author's mother. This was the information rather story narrated by the author to me in her PM a few days back. However if that is the case, the only option before her is to file a case before the civil court to cancel the settlement revocation/cancellation deed, once done the original settlement deed comes into force.
Biswanath Roy
(Expert) 26 January 2014
If it is disclosed before the court that the Donor acted fraudulently and committed perjury in the matter what will be the consequences?
R.V.RAO
(Expert) 27 January 2014
if the uncle( settlor )is serious at least now, to bequeath the property to his sister, he may gift the property, through a gift deed.
gift between (brother and sister) relatives is not taxable and also it is irrevocable.
instead of a civil suit by author, and instead of the uncle approaching court to set aside the revocation of settlement deed ,gifting is better. what was revoked was a settlement deed,but not giftdeed.
now on author's query 1.yes sro when approached by settlor can cancel settlement deed.
2.regn.again as settlement ruled out and sro can refuse, the original settlement deed being revoked after regn.by settlor .
3.courts find such sequence of events (like settlement,revocation and again request to cancel revocation etc...)vexatious and may ask a straight question what guarantee in future again uncle wont change his mind on the issue? this is embarassing to an elderly relative.
4.if your mother were to take possession in 1982 itself and mutated in her name and paid property tax ,all other events would have been avoided.
5.insist on an irrevocable and regd. gift deed. all the best.
Biswanath Roy
(Expert) 27 January 2014
YES, FRESH REGISTERED DEED OF GIFT WILL BE THE ONLY SOLUTION TO COME OUT FROM THE PROBLEM.
sunitha
(Querist) 27 January 2014
Respected Sir RV.Rao,
The settlement deed made in 1982 was an irrevocable one but he revoked it.
sir i have one more query.
1,sir as per the advice you gave what i understood was if uncle transfers the property again to my mother by regn of gift deed intead of settlement deed the "registered cancellation deed" will become "void" and further disputes could be avoided.thank you sir.
2,Sir after that if we have to sale this property.Can buyers purchase the land as they will check the EC showing the details:- settlement in 1982,revocation in 2005 then gift deed in the Current date.
Biswanath Roy
(Expert) 27 January 2014
Deed of settlement can be revoked or cancelled by the settler any time whereas a deed of Gift neither can be revoked nor can be cancelled at any time in future. It is absolute from the date of registration. The Donor cannot take it back from the Donne i.e.,from your mother. She will be the absolute owner of the property from the date of Registration. To make it more clear to you I say if I give you a Wrist Watch as a Gift in your Birthday can I take it back?
sunitha
(Querist) 27 January 2014
Sir,
thank you for the advice
I mentioned the deed as "gift settlement deed" earlier because the document's title is given as SETTLEMENT DEED but the other contents in the deed are as follows:-
1,title:-settlement deed
2,this deed of gift settlement executed on october 1982 by uncle's name address etc is given.
3,uncle is mentioned as the settlor and mother as the setlee in the document.
4,whereas the settlor out of his natural love and affection for his sister the setlee herein desirous of making the "gift settlement" of a portion of the property.
5.now this deed of "gift settlement" witnesseth that in pursuance of of foregoing and in consideration of natural love andd affection of the settlor towards the setlee,the settlor hereby freely and voluntarily transfers and settles by the way of gift "settlement".
6,the settlor hereby covenants with the setlee that the gift settlement hereby made shall be "irrevocable"
these are some point which made me confused whether it is "gift deed or settlement deed".
but in EC the revocation is shown as " DATE OCT/2005,nature and value:-SETTLEMENT-REVOCATION
sunitha
(Querist) 27 January 2014
respected sir,
in the cancellation deed it is mentioned as "revocation of settlement deed".
in the EC the nature & value of the property is "settlement revocation".
but "gift settlement" is mentioned in the inside contents of the deed.
pls help us sir.we value your advice.thank you
Biswanath Roy
(Expert) 27 January 2014
If you want further clarification on the subject you may send me a scanned copy of the alleged Gift settlement deed through my mail along with an assurance for payment of Rs.3,500/- as honorarium. If you agree intimate me by return mail. My mail ID is bnroy.advocate@gmail.com
R.V.RAO
(Expert) 28 January 2014
about the author's above 2 queries to me,
1.The "regd.cancelled (settlement) deed". it is gone long back,the day sro revoked the original settlement deed as desired by your uncle.
giftdeed vs.settlement deed .the sro regd. it as settlement deed.infact your mother also accepted same as settlement when it was regd.
2. ec shows history of owners in chronological order and date of events.
prey to god and ensure now uncle makes an irrevocable giftdeed for his sister and get it registered.then your mother becomes the regd.donee.
To become legal owner,get the property mutated in her name at sro.pay taxes. establish her as owner as per ec and tax receipt. GOOD LUCK IN TONS
sunitha
(Querist) 28 January 2014
Sir Mr R.V Rao,
Thank you for the valuable advice.we were so worried as what is to be done and so confused about the deed.We are praying to God to get it registered back in the form of irrevocable gift deed now.thank you so much sir.
R.V.RAO
(Expert) 29 January 2014
you are welcome and all the best.
