• Regarding Gift deed in West Bengal

In 1976 a gift deed was registered between mother and their 4 children for a plot. The mother gifted a plot to her 4 children . The plot no given in the gift deed is of CS . But only the plot no , khatian no and sheet no is mentioned in the schedule but there is no mention whether it is CS or RS details. After we could not match from RS then we got to know that the schedule is of CS .

If I buy the plot from the donee then if someone files a suit then how can I prove that the details are of CS and not RS because nothing is menitioned in the schedule of deed . It is vague . And the same CS plot schedule is also available in RS .

So what paperwork should I do before I buy the property.
Asked 7 years ago in Property Law
Religion: Hindu

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5 Answers

Since the RS and CS Dad no,often varies it is advisable that you make a correction in the deed of your seller which cna be done without much cost by way of registered deed of declaration.

Another option is if your seller obtains a Porcha contaning the proepr CS No.

If it is done then the apparent anomaly if any would be removed.

Devajyoti Barman
Advocate, Kolkata
23300 Answers
520 Consultations

Deed of rectification can be executed by mother to specify detailed particulars of the plot

Deed should be duly stamped and registered

Then only purchase the plot

Ajay Sethi
Advocate, Mumbai
97330 Answers
7864 Consultations

Sir , the details may be similar, but the title ( owner ) of both the property cannot be same..

Hemant Chaudhary
Advocate, Gurgaon
4631 Answers
67 Consultations

1. There are deeds of conveyance for plots having CS no. only.

2. What you shall have to ascertain is whether the plot physically occupied by those persons are the same or not as mentioned in the schedule of the gift deed.

Krishna Kishore Ganguly
Advocate, Kolkata
27508 Answers
726 Consultations

What is CS and RS?

If the difference is glaring and if you anticipate any trouble in this regard in future, you may ask them to get it rectified by executing a rectification deed by the donor in favor of the donees.

Did you verify the original title deed and what was mentioned in the the schedule of property therein?

Did you obtain a legal opinion from a local lawyer by producing all the relevant papers before him/her before venturing into the purchase of this immovable property?

Yo take a legal opinion from a local lawyer on this and confirm if this will not create any problem or else you can ask the vendors to get a registered rectification deed executed through the donor in their favor which would clear all your doubts in it.

T Kalaiselvan
Advocate, Vellore
87532 Answers
2349 Consultations

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