Advocate GP Vijay

Questions Answered by Advocate GP Vijay

Q: How to cancel gift deed registered by force ?

My mother gifted house to my sister due to her compeling. Now she want to cancel the gift deed. can we cancel gift deed ?, How to do that?

Advocate GP Vijay answered
A gift deed can not be reversed or cancelled by the donor once it is given to the donee. However, Cancelling a gift deed will be done by the registration department only by the order of a competent court. For this Your mother have to file a case against your sister saying that, your mother had signed the gift deed due to force and coercion. This can be establish by circumstantial evidences. Once a case was registered you should take further action like sending the court notice to the registration department informing not to make any further registration on the property without the decision (outcome) of the court. you can even file a petition to pay the rental income/profit from the property before the court if the property is rented.

Q: What to do if I dont have a proper moola pathiram ?

Dear sir I am not having proper moola patram. ..what is moola pathiram ?, pls help

Advocate GP Vijay answered
Dear Sir, Moola pathiram is a document which is the primary document a lawyer will look for while scrutinizing a document. You may get it from the concerned SRO by applying for a certified copy of it. You may also ask your predecessor in title about the document.

Q: How to share property of parents equally

My father in law expired in july 2004 without a will. My mother in law had given a settlement deed to my husband and to my sisiter in law stating that the ground floor will belong to my husband and 1st floor to my sister in law and rest all in common and she expired in the year 2008. Now my son aged 24 yrs is questioning us regarding the disputes in sharing of property that is a portion of vacant land at the back and front of our building say about 700 sq ft each is already sold by my father in law in the year 1996 towards marriage of my sisiter in law. And how come the building which we live can be shared equally.

Advocate GP Vijay answered
Mam, You have stated that the settlement deed only speak about the building and not about the land on which the building is constructed. As far as the land is concerned both your Husband and your sister-in-law will have equal right. The right came through intestate succession(on demise of your father-in-law and Mother-in-law). The land in question can not be divided/partitioned as the building still embedded on it. Your Husband and your Sister-in-law naturally holds 50:50 as law stipulated. 2) If you are disputing citing the sold portion of land you need to substantiate it. Again it will go deep in to the matter as to how your father-in-law and mother-in-law acquired the larger portion of property. 3) However to a simple solution either your sister-in-law or your Husband have the option of giving their portion of land to other person by a release deed.Regards,G.P.Vijay

Q: Process of changing name registration of property

Sir, I had purchased some property on my mother name since I was abord, now like to transfer to my name. Please let me know the process including all fees. Thanks

Advocate GP Vijay answered
Sir,For Immediate transfer your mother should transfer the property by way of Settlement Deed. The government fee for the settlement deed will be 26 thousand + miscellaneous charges. This is excluding lawyer fee. Lawyer fee depend upon the lawyer who draft the Settlement Deed.regards,G.P.Vijay

Q: How to cancel gift deed registered by force

My mother gifted house to my sister due to her compeling. Now she want to cancel the gift deed. How to do that?

Advocate GP Vijay answered
A gift deed can not be reversed or cancelled by the donor once it is given to the donee. However, Cancelling a gift deed will be done by the registration department only by the order of a competent court. For this Your mother have to file a case against your sister saying that, your mother had signed the gift deed due to force and coercion. This can be establish by circumstantial evidences. Once a case was registered you should take further action like sending the court notice to the registration department informing not to make any further registration on the property without the decision (outcome) of the court. you can even file a petition to pay the rental income/profit from the property before the court if the property is rented.