Hemant Agarwal
(ha21@rediffmail.com Mumbai : 9820174108)
27 May 2008
The legal status of a Gift Deed is equivalent of a Contract and would be covered by the provisions of the Contract Act, as far as Plain paper and non-witness are concerned.
In simple terms :
Plain paper = Invalid document
No Witness = Invalid document
In Mumbai-Maharashtra, it is essential to register every deed (gift deed, sale deed, lease deed, ...) with the revenue registrar's office.
In Mumbai-Maharashtra, it is essential to pay Stamp Duty to register every deed (gift deed, sale deed, lease deed, ...) under the Stamp duty Act.
In other words :
No Stamp-Duty = Invalid document
No Registration fee = Invalid document
There are multiple Acts and Sections that can be used to negativate the opponents contention and whereas I would say that the Civil court will not be able to take it on record, once you file your written objections as above.
U can also take recourse under the HinduSuccessionAct, as a legal heir, stating first right, in the said property.
U would have to have a one-to-one sitting with a seasoned lawyer to fix this simple problem.
Keep Smiling ... Hemant Agarwal