Consent decree must have been passed by court
register the decree
father can execute will bequeathing property to you
will should be attested by 2 witnesses
In alternative gift deed can be executed by father
Gift deed for a court settled property
Dear Sir/Madam, My father had a 40' * 60' property in Bangalore since 27 years. Another person (3rd party) claimed ownership based on falsified documents. However 3 years ago, the property share between the my father and 3rd party was settled through mutual consent, in the ratio of 3:1. 75% property - Portion A to my father and 25% property - Portion B to the 3rd party by court. This bifurcation of 3:1 has not happened in documents/registrar yet and the process of it is still in progress as it needs cooperation from the 3rd party too. My father is sick since 4 years and not keeping well and really old. I am the only child of my parents, and naturally post his demise, i would be entitled to the property. However given that it is not bifurcated yet, i want to ensure i will be able to work on the bifurcation in registrar post him also. Will gift deed from my father to me help and make it uncomplicated? Will he be able to execute a gift deed for the Portion A (75% part property) now, as the bifurcation is not registered yet. Best Regards Jeevan
Asked 4 years ago in Property Law
Religion: Hindu
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9 Answers
There is no hindrance in law to transfer his undivided share in your favour even if no demarcation is made.
Your father therefore make a registered will or even a gift deed.
If you are the sole legal heir then even without the bequests you would inherit the property by law of Succession.
You obtain a special power of attorney deed from your father and file an execution petition to execute the court order.
This will ensure a quick process of bifurcating the property as per court order.
Once the court steps into action to bifurcate the property you can get your share of property registered through court itself.
Since your father's share has not been identified , the proposed gift deed may not be very effective or free of legal hassles in future.
Yes it can be done by executing registered gift deed
Hi
1) Since the disputes between your father and 3rd party has been settled by way of mutual consent in the court, you as legal heir of your father can always have the right to enforce the decree after your father's time but with in 12 years from date of decree.
2) So, technically, there is no necessity for execution of registered gift deed (given that you are the only child) at this point of time as court decree's are binding on all legal heirs.
3) Also no payment of registration fees / stamp duty is required as compromise decrees are exempted under Section 17 (2) of Registration act.
4) Hence not sure on why there is a delay at Sub-Registrar office.
5) Generally in case of compromise decree(your case since it was settled under mutual consent, it will be called compromise decree), and hence in case there is a requirement by sub-registrar that he is insisting on execution petition decree, your lawyer can take next steps(other side is not required at sub-registrar office to execute a court decree)
Hope this information is useful.
you father can execute registered will in your favour, he can also execute gift deed.
Hi, Thank you for all the answers. Its true compromise decree was executed in court. Sub registrar is asking for execution petition decree. However to reopen the case in court to seek execution petition decree, my lawyer is mentioning that both the parties need to be available as the case was closed by compromise decree. My opposition is not showing interest in coming forward to the court/ they are tending to avoid us and likely to demand additional land/money to come over. Unfortunately there are couple of careless/clerical errors in the compromise decree signed, where the boundaries within the original 40*60 plot of each parties share is not consistent throughout the document. While in one place they have mentioned correctly as my share is in the Eastern portion of the property, in another place it is mentioned that my share is in the Northern portion of the property. The dimensions of each parties share is of course correct. To get the same corrected, to make it consistent throughout by getting it corrected in court, is it necessary that my opposition is needed to come over and represent in court as the case was closed through compromise decree? What can happen if my opposition refuses to appear in the court at all? Is there a possibility of taking any legal action against my opposition to make sure they appear in the court, because as per the compromise decree signed by both the parties, each party is obliged to execute any necessary deeds for the other party. Best Regards Jeevan
Asked 4 years ago
You have to apply to court for rectification of errors in the compromise decree
2) notice would be issued to other party
3) if inspite of notice party does not appear court can rectify the errors
4) court may insist on presence of other party as it is compromise decree
1. Court will pass exparte order. If opponent absent
2. Not needed legal action order will be in your favor.
If you file an execution petition, the other party has to be impleaded as respondent and summons through court has to be served on them.
You may have to file the execution petition to execute the compromised decree in respect of the property allotted to you.
If the opposite party choose not to appear before court after receiving the summons then the court may set them exparte.
You don't have to beg them to appear before court for this purpose, the court on its orders would help you execute the decree through court ameen if necessary with the assistance of local police.
For correct schedule of property, you may file a petition to rectify the error in the decree in respect of the same.