• Ownership change in gift deed

Hi, we are an society in Bengaluru rural. There is a land registered in our association through a gift deed executed in 2012. However while registering the deed, instead of mentioning that the deed is towards gifting to the president of the society who represents the society, its mentioned as gifted to the (name), who is president of the society. Can we go for a gift deed rectification or we must cancel the deed and execute a fresh deed.
Asked 4 years ago in Property Law
Religion: Hindu

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9 Answers

Gift deed should be cancelled with mutual consent 

 

fresh gift deed should be executed in favour of society 

Ajay Sethi
Advocate, Mumbai
96718 Answers
7797 Consultations

The gift deed has been registered on an individual name hence the sub registrar may not accept the rectification deed to rectify the name of the donee in the deed.

You may have to get the gift deed revoked by a cancellation deed executed jointly by both the donor and donee jointly subsequent to which you may get the registered gift deed executed in favor of the society. 

T Kalaiselvan
Advocate, Vellore
86915 Answers
2331 Consultations

Now you can ask president to revoke the gift deed and again registered cancellation of gift deed. Because the donee is different entity, means the plot were gifted to society and not particular person name, but it was drafted in particular person name instead of society. 

 

So your draft should be perfect the latest one.

Ganesh Kadam
Advocate, Pune
12986 Answers
262 Consultations

1. You can go for rectification of gift deed.

 

2. It will save you from repaying the stamp duty.

Krishna Kishore Ganguly
Advocate, Kolkata
27421 Answers
726 Consultations

Dear Sir/Madam,

You are suggested that you may go for the rectification of the deed as the same will be cheaper.

Ganesh Singh
Advocate, New Delhi
6757 Answers
16 Consultations

You can make a change in the gift deed by executing and amendment deed. 

Kallol Majumdar
Advocate, Kolkata
2837 Answers
14 Consultations

Yes you can also for rectification if required and also cancel it if you want with both parties consent

Prashant Nayak
Advocate, Mumbai
32366 Answers
199 Consultations

You may get it rectified by getting rectification deed  or file a declaratory suit and get no objection from the president if he is willing. 

Kishan Dutt Kalaskar
Advocate, Bangalore
6179 Answers
490 Consultations

- You can rectified the said mistakes after executing a Rectification deed , if there is mention in the Gift deed that the said person is president of the society . 

- Otherwise , the Gift deed should be cancelled mutually , and execute a fresh deed. 

Mohammed Shahzad
Advocate, Delhi
14406 Answers
221 Consultations

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