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Can a property be transferred without cancelling the Registration Deed
09-Aug-2023 (In Property Law)
Our paternal grandfather's property was gifted to my father in Vellore. My father in turn gifted the property to my mother, registered in the year 2003. My father has extramarital affairs and when we objected, he again wrote the property back to his name in 2011 without our mother's knowledge. We are four siblings. I have read that registered gift deed cannot be cancelled, so can our mother register the property in our name now without cancelling the registration on our father's name that happened in 2011. We are in possession of all the original papers including 2011 registration.
No one can cancel the Registered Deed including by the Registrar. But your query is not clear. Suppose if your grandfather made a Will eventhough it is registered, the same can be cancelled any number of times.
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Are you sure that the deed by which your father transferred the property to your mother is a gift deed? . Because gift deed or sale deed attracts more stamp duty compared to other form of transfers. And if it is a WILL it can be modified any number of times as per the wish of the author of the WILL. I mean to say if your father has written a WILL in favour of your mother that can be modified by him during his life time. Why i am saying this because a WILL can also be registered as well. It is true that a registered Gift Deed can not be cancelled. But before making a conclusion that the said document is a gift deed a thorough investigation is required. It will also spot light about the nature of the deed written in favour of your mother. This is a prerequisite before drawing a conclusion. If you are cent percent sure that the Deed under question is a Gift Deed than the further deed made by your father is not valid under law. Your family members can challenge such further deed executed by your father to clear the encumbrance upon the property or may proceed with other course of action suitable to make the claim strong.
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Adv. GP Vijay
Chennai | 200+ Answers
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Sir/Madam,
As per your words the said gift deed constituted in mother's favour reads as irrevocable in nature, very well your mother can claim her right by initiating declaration suit for the same. Take the help of Advocate and seek his guidance in this regard.
As per your words the said gift deed constituted in mother's favour reads as irrevocable in nature, very well your mother can claim her right by initiating declaration suit for the same. Take the help of Advocate and seek his guidance in this regard.
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Adv. B. Thirunavukkarasu
Chennai | 100+ Answers
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