Dear Sir, My mother is gifted with a property by her mother via gift deed 5 years back. Now few other family members are thinking to get it challenged as property prices are increased now. Donee and donor both are alive as off now and property is in haryana state. I need to understand how to get the normal registry done of this property either in my mothers name and if possible in my fathers name. Please help how to take it forward. Thanks & Regards
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Registration of gift deed is mandatory to confer clear and marketable title to property
if grand mother had executed registered gift deed in mother name then your mother would be absolute owner of property
apply for mutation of property in name of mother
Property is gifted by grandmother of mother, both are alive. Grandmother can execute a gift deed in favour of daughter or son in law, both visit office of Sub-Registrar and get it registered. In Haryana there is no stamp duty on registration of gift in favour of blood relation. Visit the Sub-Registrar with two witness, produce pan of all, gift deed and register the property.
- As per law, the registration of a gift deed is mandatory from the office of the registrar.
- If your grandmother has registered a gift deed in favor of your mother , then it cannot be challenged or cancelled by any of the family members.
- If the said gift deed is not registered then registered the same as your grandmother is alive.
- Further, you mother can apply for mutation in her name after submitting the copy of the gift deed and her identity proofs.
On the basis of gift deed, it will transfer in your mother name. None can challenge the duly registered gift deed.
Your nani was very much competent to pass on this property through gift mode to your mother.
Others have no say in this and hence, any challenge they stake to this gift deed, will be of no avail most likely.
As on date, your mother may pass on this property to your father or any one else through a registered sale deed.
If the gifted property was transferred to your mother by an unregistered document then it is not valid legally.
If the property which was transferred to your mother by her mother was her own and absolute property, then nothing prevents her from executing a registered gift deed now also because she is alive and the donee is also alive.
You can ask your grandmother to immediately execute a registered gift deed in favor of your mother before anyone raises any dispute or approaches court with any unnecessary litigation.
Dear Client,
In your case, since a valid and registered gift deed was was five years ago, your mother is the absolute owner of that property. In Indian law, unless fraud, coercion, or undue influence is proved, a registered gift deed is incapable of being revoked. There is no case where an increase in property prices has opened up legitimate grounds to challenge such a gift deed.
Now, if you want that very property to be further registered in the name of your mother then it is not possible as the gift deed is enough to transfer the ownership and the property is already under her name legally. No further registration is required.
If you want to transfer a portion of the property to your father, your mother can make a gift deed in favour of your father for a part of the property. The steps which have to be followed are:
1. Drafting of a fresh gift deed transferring a part of the property of your mother in favour of your father.
2. Payment of Haryana stamp duty and registration fees.
3. Gift deed must be presented before the Sub-Registrar in the local Sub-Registrar's office, who would register it.
This would mean that legally your father is also a co-owner of the property. The donee and donor, however, being alive explains that the original gift deed is strengthened and less likely to stand any chance of being challenged.
Thank you.Hope this answers your query.
