How can aunt transfer land gifted to her long back

506 votes

Dear Sir/Madam, as per your query, whether it is registered gift deed or not, I think it is registered gift deed, it cannot be challenge, already your aunt having khatha in her name and entered in the revenue records, its enough she is a absolute owner and to get the title by way of gift deed.

Advocate Chandrashekhar Vithal Jadhav LawRato

613 votes

In matters of property, 'Gift' is the transfer from the donor to the donee, voluntarily and without consideration (payment amount). From the details provided in the query, it is likely to presume that the Gift Deed is an unregistered Deed. If the transfer was effected correctly, without any conditions laid down in the Gift Deed, and without encumbrances, and duly registered then it is possible that your aunt would be the absolute owner of the property. If the gift deed contains conditions rendering it invalid or is with encumbrances, it may be difficult to transfer property.

Secondly, it is given to understand that the Katha stands in the name of your aunt. Mere name reflected in the Katha, does not hold that she is the legal owner. It has to be read along with the gift deed.
Some illustrations to explain conditions & encumbrances:

Eg. 1: X gifts property to Y, without conditions and encumbrances. In that event, Y is likely the absolute owner of the property.
Eg. 2: X gifts property to Y, with condition that if Y dies without heirs, the property will go back to X or his heirs. This is a conditional gift and Y is not the absolute owner of the property.
Eg. 3: X gifts property to Y, but there is already a mortgage on the property. Y will likely be the absolute owner, but with encumbrances and will be liable for making the mortgage payments.

This is a gist of my legal advice based on your query. Please note that my legal advice is not final and without going through the relevant documents and without obtaining further information, I cannot give a complete solution. For further clarifications, please contact me through www.lawrato.com

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