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svdraja (prop)     22 February 2014

Settlement registration

My father has a property by gift settlement (Thana settlement) from my younger brother without any conditions in the document in the settlement document in 2008. Now the younger brother and my father has not having good relationships. My father decided to give the property to my daughters name. But in the settlement document it was mentioned as vacant land to decrease the stamp duty charges. But my younger brother constructed a house with ground and first floor. And the he has the house tax and TNEB connection in the name of my younger brother itself. Now itself it is continued in his name. He challenged me to file petition in the court to cancel the registration for the wrong details in the settlement document.
I know that settlement document can not be canceled if it has conditions. But in this condition it is possible to cancel the settlement registration itself ?
Please guide me



Learning

 6 Replies

T. Kalaiselvan, Advocate (Advocate)     23 February 2014

if the property was transferred on your father's name vide a gift deed, without any condition governing the gift deed, it is irrevocable, he can re-convey the same to anybody of his choice by gift deed/settlement deed/sale deed, he has got full rights over the property to dispose it in any manner he desires so.There is no possibility to cancel the gift deed at this moment.

svdraja (prop)     23 February 2014

I know that the gift deed is irrevocable, but my brother challenge is that, the property mentioned in the document is vacant land to reduce the stamp duty, but it is a two floor house building which has the taxed for house tax, and TNEB connection was made. He can can the registration itself for the wrong information available in the document . My question is possible  to cancel the document by registering officials.

bala (engineer)     23 February 2014

My sister bought  two flats in bangalore and registration is going to take place shortly.   At this stage is it possible for her to get the flats registered on her daughters name by requesting the promoter.?

if not can she go for settlement of flats to her daughter name immediately after registration? or she will have to wait for two to three years for settlement

please clarify.

thanks

bala

svdraja (prop)     24 February 2014

I know that the gift deed is irrevocable, but my brother challenge is that, the property mentioned in the document is vacant land to reduce the stamp duty, but it is a two floor house building which has the taxed for house tax, and TNEB connection was made. He can can the registration itself for the wrong information available in the document . My question is possible  to cancel the document by registering officials.

T. Kalaiselvan, Advocate (Advocate)     24 February 2014

@ svdraja:

What is your question?, you say that the property was inherited by your father vide a settlement deed, is it right?  The property whether a vacant land or constructed building is still in your father's name?, who gave the rights to your brother to construct double storey buildings i it?  If he is claiming the building cost, compensate him suitably or sell the property to him and let him buy, get the property registered on his name.Just because he is paying the tax and the electricity connection is in his name, he cannot become the owner of the property, ask him to produce the property document in his name.  Let him not paint legal color for his illegal claims.

@bala:  Your sister can get her flats registered on her daughters name before the registration takes place, by giving instructions t the builder to register the same on the names she suggest.  Dont take a long route.

svdraja (prop)     24 February 2014

1. The settlement deed was made between my younger brother and my father. At the time some oral promises and conditions are made. But now both of them have not good relationship. Now my younger brother trying to cancel the settlement deed. ? by legally it cannot be revoked because in settlement deed has no promises and conditions.

2. Now my father is trying to gift the property to my daughters. I am the elder sister.

3. by brother trying to cancel the deed by giving the wrong details are in the settlement deed. because at the time of settlement deed the property was a constructed house. It has proper house tax and TNEB both the receipts for paying by himself only till date. But in the settlement deed it was mentioned as a vacant land. to reduce the stamp duty.

Now the my question is : my brother can cancel the deed by giving the true details of the property at the time of settlement deed was made. He told that he can prove that the wrong details in the document and can cancel the settlement deed registration ?

Is it possible, that if the registered deed document has wrong details of the property to reduce the stamp duty ?


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