Which deed is superior??
s
(Querist) 23 June 2015
This query is : Resolved
My grand father had gifted a part of our ancestral property to my father. The gift deed was registered, duly completed mutation, update Land Revenue records. We now pay municipal tax .
My grand father had given rest of the property to my uncles through registered settlement deed.
Conflicting point: He had given some rights of the property which he had earlier gifted to my father and had relinquished all his rights thereto. My father did know about such matter. Now my uncles are claiming their rights on property which is duly registered in the name of my father...
Advise me whether the First registered gift deed has superior ownership / title on the property or not . Also advise, how could I stop my uncles right on our property duly registered in my father;s name ?
ADV-JEEVAN PATIL, MUMBAI
(Expert) 23 June 2015
1) since gift deed registered there should not have any problems.Worry is it is ancestral property and not purchases by your grand father on his own. Wait until uncle initiates action
s
(Querist) 23 June 2015
My father has full possession of both properties since 1992.
What action my uncles could take?
Rajendra K Goyal
(Expert) 24 June 2015
Consult a local lawyer and show him all the documents including grounds of claim of your uncle.
Kumar Doab
(Expert) 24 June 2015
Apparently the gift deed has some conditions.
Agreed with experts.
Show all docs on record to an able lawyer dealing in such/family/revenue/civil matters.
s
(Querist) 26 June 2015
Gift deed has no conditions. It is irrevocable, my grand father had transferred legal ownership to us in 1992. However, settlement deed has some conditions. As the gift deed was registered first then settlement deed was registered.
Law point: As my grand father had relinquished all rights in our favour thereafter, how could he give some rights in settlement deed which was earlier given to us through the registered gift deed? He had no legal ownership on the property as he earlier gifted registered it to us when he made settlement deed.
Biswanath Roy
(Expert) 27 June 2015
Since Gift deed was registered first all stipulations and authority contained therein shall prevail which is binding and absolute since the date of its registration.
Subsequent bindings and stipulation contained in the Deed of Settlement cannot override upon the Deed of Gift.
s
(Querist) 01 July 2015
I further found out that:
the site plan attached with gift deed showed our room viz room + VACANT LAND as 20ft * 12 ft but actually the dimension of the room is 14ft * 12ft excluding the VACANT LAND. In the gift deed only room is mentioned but no vacant land. However , gift deed + site plan was first registered before registration of settlement deed.
On the other hand , in site plan to settlement deed only room 14 ft * 12ft was shown and the vacant land was shown as common property.
Now we claim the VACANT LAND as it was registered in the name of my father along with mutation and land revenue duly updated. We have been paying municipal tax on 20ft * 12ft since 1992. But my uncle claim that the vacant land is common property. My grand father executed both deed in 1992 on same day . The gift deed was first registered. We raised the issue of Vacant land immediately. My grand father did not make any rectification deed. He lived till 2003.
so Can we claim the vacant land?
Biswanath Roy
(Expert) 01 July 2015
Supposing if the Registration no. and date of the gift deed is 12345 dated the 12th. July 1992 WHEREAS the Registration no.and date of the Deed of Settlement is 12346 dated 13th. July,1992 then first Registration shall be treated as valid and lawful and second deed shall be invalid.
s
(Querist) 06 July 2015
Thanks Biswanath Roy for your response.
Both deeds were registered on same date but deed of gift was registered on 10.50 am while next deed on 10.52 am.
In this case , is the First Registration benefit is available to deed of gift or not. Because settlement which was registered on 10.52 am had contradicted on many point. This time gap is a make or break moment for the case.
Biswanath Roy
(Expert) 06 July 2015
Deed which was registered at 10-50 A.M. will be treated as 'VALID', whereas the Deed which was registered thereafter cannot supercede the first registered deed.
