Gift deed should be cancelled with mutual consent
fresh gift deed should be executed in favour of society
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.
First answer received in 10 minutes.
Lawyers are available now to answer your questions.
Gift deed should be cancelled with mutual consent
fresh gift deed should be executed in favour of society
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.
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.
Dear Sir/Madam,
You are suggested that you may go for the rectification of the deed as the same will be cheaper.
Yes you can also for rectification if required and also cancel it if you want with both parties consent
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.