gift deed with original purchase deed but without record

801 votes

You can gift it with or without khatian/mutation. As you are the title holder with the strength of a sale deed. Your son challenge in future would be baseless as you, the real title holder will be the one gifting it to your daughter with sane mind and in presence of witness as well as the registrar. Good luck and feel free to contact me

Advocate Anish Gurung LawRato

938 votes

1. On Ownership and Title You have valid ownership over the land in question by virtue of your original Registered Sale Deed of 1966. In the eyes of law, this registered deed is a conclusive proof of title unless proven otherwise. The absence of Record of Rights (RoR) does not invalidate your ownership—it is only a revenue record, not a title document. However, if your repeated applications to the Block Land and Land Reforms Office (BLLRO) for RoR mutation have not yielded results, you may file a writ petition under Article 226 of the Constitution before the Hon’ble Calcutta High Court, seeking a direction to the BLLRO to act on your application. --- 2. On Execution of Gift Deed As the absolute owner of the property, you have full legal authority to gift the property to anyone of your choice, including your younger daughter. The law does not compel equal distribution among children unless the property is ancestral (in your case, it is self-acquired). A valid Gift Deed under Section 122 of the Transfer of Property Act, 1882 must be: Executed voluntarily, Without any monetary consideration, Registered with the Sub-Registrar under Section 17 of the Registration Act, 1908, Properly stamped as per West Bengal Stamp Act. --- 3. On Future Challenge by Sons or Other Daughters Even though you have the right to gift your self-acquired property, your sons or other daughters can still file a civil suit challenging the Gift Deed. However, such a challenge will not likely succeed if: The gift is made voluntarily, without coercion, fraud, or undue influence. The deed is duly registered and executed following due legal process. Medical proof of your mental and physical fitness at the time of execution is available (recommended as a preventive step). To further strengthen your gift, you may consider: Executing the deed in presence of neutral witnesses. Making a declaration or affidavit stating your reasons for preferring one daughter (e.g., she is looking after you, staying with you, etc.). Getting a doctor’s certificate attesting your mental and physical capacity at the time of gift.

Advocate Rehman Khan LawRato

813 votes

Record of right is not necessary to transfer your property. You have your own purchase deed, you can transfer your land in favour of your daughter, there is now difficulty. however, your sons and other daughters can challenge the deed in future. for that you need to take precautions from now on. you can make some documents showing your consent to transfer the property in favour of one of your daughter.

Advocate Ritam Banerjee LawRato