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We have gift deed but mutation was not done.
16-Jun-2023 (In Property Law)
My maternal grandfather gifted my mother a piece of land. She holds the gift deed but the mutation process was not completed.
Now the piece of land has been mutated two times (from my grandfather to his son, my uncle, and then to his son, my cousin).
Now I wanted to know if its possible to carry out mutation of the land back to my mothers name. My cousin is well aware of the existence of the gift deed but he chose to disregard it and get his name onto the records.
What are our options or should we just give up?
Before giving you a reply to your query I need certain information such as
when was the Gift deed executed?
Whether the gift deed is properly stamped and registered?
When did your grandfather expired?
When did you come to know about the mutations done by your uncle and his son?
Did you had knowledge about the mutations when it was done and did you appear before the Circle Officer at the time of hearing and gave No Objection Certificate for mutations in favour of your uncle?
Kindly provide me this reply only then I can give you a proper reply.
when was the Gift deed executed?
Whether the gift deed is properly stamped and registered?
When did your grandfather expired?
When did you come to know about the mutations done by your uncle and his son?
Did you had knowledge about the mutations when it was done and did you appear before the Circle Officer at the time of hearing and gave No Objection Certificate for mutations in favour of your uncle?
Kindly provide me this reply only then I can give you a proper reply.
Helpful?
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Adv. Akram Imtiaz Ali
Guwahati | 25+ Answers
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What is the Supreme court Judgement on registered gift deed?
It is useless if the recipient dies before accepting the gift, as it is a bi-lateral transaction between two people. The acceptance of the gift is required before the donor dies or loses his/her ability to give gifts. In this Supreme Court judgement on the Gift Deed, it was stated that acceptance of gifts must be completed before the donor dies or loses his/her capacity to make gifts.
Can a registered gift deed be challenged?
The court can challenge a gift deed if it was prepared by the owner without his consent or if he forced the deed to be made. The gift deed may be revoked if it has additional conditions that are not met.
Is mutation necessary for gift deed?
All asset transfers must be completed, including sales, purchases, gifting, inheritances, and purchases through Power of Attorney. 06-Nov-2023
Is registered gift deed valid?
A gift deed can only be valid if it is registered. This is according to the 1882 Transfer of Property Act. Registration of a Gift Deed requires the signatures of the donor and donee, as well as the attestation (mandatory) by two witnesses. The Gift Deed is only valid if registered at the registrar’s office. 09-Mar-2023
Disclaimer: The above query and its response is NOT a legal opinion in any way whatsoever as this is based on the information shared by the person posting the query at lawrato.com and has been responded by one of the Divorce Lawyers at lawrato.com to address the specific facts and details.
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