Stay on the property
Mohammed Rizwan Shaikh
(Querist) 10 March 2017
This query is : Resolved
Dear Sir,
A property at Chalisgaon was gifted from a husband to wife by way of executing Gift Deed (notarized) and HIBA. There's a BOJA of 11 crore on the said land. The lady is wodow now, the other legal heirs are also intending to incorporate their name on the said property.
can she mutate her name in the revenue records?
Can stay be granted on the said land?
Can the Competent Authorities deny the mutation of the other legal heirs name?
Experts, give your inputs, will be obliged.
Regards,
Rizwan Shaikh
adv.bharat @ PUNE
(Expert) 11 March 2017
Unregistered document can't be used as document for any legal purpose like transfer of right to third person.
Rajendra K Goyal
(Expert) 11 March 2017
Unregistered gift deed not acceptable legally.
Guest
(Expert) 11 March 2017
Agreed with Madam RK Goyal
Dr J C Vashista
(Expert) 12 March 2017
I agree with experts, gift deed has to be compulsorily registered otherwise (notarised in instant case) it is invalid.
Mohammed Rizwan Shaikh
(Querist) 12 March 2017
Many thanks experts for your inputs, however can this notarised gift deed be used as evidence in order to take stay over the property.
Adv. Yogen Kakade
(Expert) 12 March 2017
You can submit it before the court the court.. but there is very less possibility that the court shall consider the same.
Adv Akhtar Ali Sheikh
(Expert) 12 March 2017
Though registered gift would have been much better, still under the Muslim Law Hiba is very much legal and valid (written or even oral whether notarized or not) provided witnesses are there and the property was handed over to the widow and also accepted by her.
But the Hiba document would require payment of Stamp Duty.
There seems to be another hitch.
Since there is a lien and if the lien has been registered or the property has been deemed to have been transferred to the Mortgagee, the essential ingredient of Gift it being the "delivery of property to the donee" would not be met because as mentioned above the property was not in the possession of the Donor at the time of Hiba.
The Widow has to procure a stay order from the superior revenue authorities on the basis of Hiba then the names of other legal heirs would not come otherwise all the legal heirs can get mutation in their names to the extent of their respective undivided shares.
Mohammed Rizwan Shaikh
(Querist) 13 March 2017
@Akhtar Ali Sheikh saab.....jazakallahu khairan kaseerah......
The notarized Gift Deed bears witness, can that be registered but the Donor is no more alive. If it can be registered then how much stamp-duty would incur. And moreover the lien has been levied on the said property as the Donor failed to pay the Royalty to the Government. However, the case of the said Royalty matter is in the Court and most probably it will be in our favor. The said property is still in our possession, the Government has just made an entry of the lien on the 7/12 extracts.
Regards,
Rizwan Shaikh
