Issue in purchase of giftdeed property
chandrakant
(Querist) 20 May 2014
This query is : Resolved
Sir,
I am in discussion to purchase a old house.
History:
(1) X (muslim comunity) has purchased this land in 1995 thru sale deed.
(2) x has built 2BHK house on this property in 2003
(3) X has gifted this propoerty (land+house) to his mother, sister and brother in 2007 thru registered gift deed
(4) X's Mother expired in 2010
(5) property is not yet tansferred to brother, sister anf Mother in water bill, electricity bill, 7/12 and in property tax bill.
(6) Now they want to sale the property. All Family members are ready to sale property.
whether X can sale property after revoking his gift deed?
or his brother and sister need to sale property after upadting their name in 7/12, property tax etc..
How his Mother's share need to be handled as she is no more?
ajay sethi
(Expert) 20 May 2014
gift deed made cannot be revoked except through court orders in case of fraud , misrepresentation .
let property be transferred in name of brother , sister and other legal heirs then only purchase property . mother share would devolve on all her children
chandrakant
(Querist) 20 May 2014
Sir, Thank you very much for valuable guidance.
If sale deed between me and brother+sister capture Mother's all heirs including her husband, then that sale deed can be considered OK to proceed, Or some other legal procees need to be done to handle Mother's share?
Rajendra K Goyal
(Expert) 20 May 2014
First get the mothers share mutated in the name of legal heirs and sell afterwards.
chandrakant
(Querist) 22 May 2014
Sir, does "Mother's share mutated/devolved" means getting heirship certificate and then updating 7/12 accordingly?
chandrakant
(Querist) 22 May 2014
Need more guidance...
ajay sethi
(Expert) 22 May 2014
for mutation of property in name of legal heirs enclose copy of death certificate of your mother . make application to tehsildar proclamation is issued inviting objections to the proposed mutation, specifying the last date (generally 15 days from the date of the proclamation) upto which any objection to the mutation will be entertained.
The Patwari submits his report in the prescribed format. The statement of parties is recorded. The contents of the documents are matched with the recorded statements. If no objection against the proposed mutation is received, it is sanctioned. In case any objection is received against the mutation, the matter is referred to the Revenue Assistant of the area. Any party aggrieved by an order of mutation may file an appeal before the Additional Collector (the Deputy Commissioner concerned) within 30 days of the order.
