Regarding gift deed
Srikanth
(Querist) 31 May 2014
This query is : Resolved
Hello Sir,
My grandmother has a property of 572 sq.yards. front potion of it is commercial and back portion is residential. the front portion was gifted to her two sons and the back portion is still on her name. Now she wants to gift the back portion Also equally to her two sons. the problem here is when we divide the whole area with a center line, the line makes an overlapping of commercial properties of her two sons. Should we cancel the old deed and do a fresh Gift deed as per the new drawing? or can they do a gift settlement deed showing the new drawing as per the center line, without cancelling the old deed of commercial property. Please let me know as i am confused so much. Thanks a lot.
Devajyoti Barman
(Expert) 31 May 2014
Why is the need for cancellation or modification.
He can divide the back portion which would add to the existing half shares in front portions of two sons.
If the whole property is ultimately divided between two sons only then the division of back portion can be done effectively without touching the front portion.
prabhakar singh
(Expert) 31 May 2014
It appears that the GIFT of commercial portion is joint hence let the GIFT of residential portion also be joint in name of two sons.
The two sons can divide it even orally as the spot suits and can then recite a memorandum of their partition which would not require registration or payment of stamp duty.
Srikanth
(Querist) 31 May 2014
Sir firstly thanks for the reply. The existing front portions are not equal half's. now she want to give equally from back to front equally as per the center line drawing. currently as per the center line the front portion which is registered on the names of her two sons, is overlapping.
Srikanth
(Querist) 31 May 2014
Sir firstly thanks for the reply. The existing front portions are not equal half's. now she want to give equally from back to front equally as per the center line drawing. currently as per the center line the front portion which is registered on the names of her two sons, is overlapping.
prabhakar singh
(Expert) 31 May 2014
The present deed can be drafted to meet all of the difficulties faced now.As all the parties grand mother and two sons would be signing the present gift deed,altered terms
about previous deed would bind all even without cancellation of earlier.
Better consult a local civil law lawyer master in drafting.
Srikanth
(Querist) 31 May 2014
sir firstly, the old deed which is registered on her two sons had few issues
1. the sq.yards shown ob the old deed was wrong with improper boundary details.
2. this commercial building has two floors, with shops on the ground and flats in the second floor.
when we divide as per the new drawings, a small portion of Ground floor of elder son is going to younger son and in the first floor, a small portion of younger son is coming for elder son. this is what i meant for overlapping as per the new drawing.
Now so without cancelling or rectifying the old deed can we go ahead and make a fresh GIFT deed with new drawings and can the mother do a fresh gift deed.
Laxmi Kant Joshi
(Expert) 31 May 2014
Srikanth your grandmother cann't cancel the gift deed nor she can make any amendment in it because it is already executed , now in the new gift deed she can alter in the drawing of the portion or adjust in a way that both the members can utilize their portion without disturbing the members of the front portion ,and then gifted it to her another two sons .
Guest
(Expert) 31 May 2014
What is the relevance of centre line of the whole area (gifted+non-gifted) for the remaining portion of undisposed of property? Only the remaining portion has to be gifted as per specific parts of ground floor and first floor or measurements showing exact location of both the parts the front portion having already been disposed of by gift deeds.
Old executed deed cannot be cancelled. If the donees are ready only regifting back to your grand mother can be possible, if a fresh distibution is decided amongst all the brothers.
Guest
(Expert) 31 May 2014
Just think, if you say that if the existing front portions are not equal half's, even if division is made equally, how the excess part of the built up area of one portion is proposed to be divided and what would be the demarcation for that? All of you would be sowing the seeds of disputes for life.
Better show specific built up area to be gifted along with consideration amount to be paid by the beneficiary of the greater part to the beneficiary of the lesser part of the property.
Rajendra K Goyal
(Expert) 31 May 2014
Your Grand Mother can not cancel the old gift deed.
Consult a local draftsman to draw out the plan as per your wish to the satisfaction of donor.
Consult a local lawyer to draft a gift deed accordingly and get it registered.
R.K Nanda
(Expert) 31 May 2014
agree with experts.
Srikanth
(Querist) 15 February 2016
Sorry to get back to this issue again. Firstly i would like to thank all the experts for your opinions. I have a new question raised today. Can my grandmother do a partition deed to her two sons or is only gift deed the right way?? and she has two daughters as well, but they aren't opposing as of today for this division.
Srikanth
(Querist) 15 February 2016
Sorry to get back to this issue again. Firstly i would like to thank all the experts for your opinions. I have a new question raised today. Can my grandmother do a partition deed to her two sons or is only gift deed the right way?? and she has two daughters as well, but they aren't opposing as of today for this division.
Srikanth
(Querist) 15 February 2016
Thanks for your reply sir. Is it a gift settlement deed or just a settlement deed.
Srikanth
(Querist) 15 February 2016
Actually, the total land has two building, one building in the south is a commercial having 5 shops in ground floor and two flats in first floor. And the north portion of the land is a residential building where the two brothers are sharing it individually and currently living. almost 20 years back, my grandfather had gifted the north portion to his two sons in such a way that, the elder son got three shops and younger son got 2 shops of the total 5. the flats in the first floor were gifted one to each. but the north portion of the land which is residential is still under my grandmother and she wants to gift that as well to her sons. So we made a new boundary drawing and divided the total land to two parts and wanted to register the whole two parts by cancelling the front south portion of shops and flats as they are overlapped as per the new drawing. i.e. a part of elders sons portion is coming to younger in ground floor shops and a part of younger sons portion is coming to elder son in first floor flats. So since there is an overlap, they wanted to cancel the previously gifted property and get the whole property on my grandmothers name from north till south and then divide the
property as per new drawing from north to south. So my question is what is the right way of doing it?? gift deed, partition deed, settlement deed?? and how ?? Thanks a lot for helping me out. I am her grandson and helping them to close this issue without any quarrels.
Srikanth
(Querist) 15 February 2016
sorry a small correction my grandfather gifted south portion of land and my grandmother still owns the north portion.
