Legal Question in Civil Litigation in India

hi

my father made registerd giftdeed fore some land in 1997 and he signed and registered but iam not there at that time. But after 40 days i applyed for title and passbook at that time my father was not there but i got passbook and i took position.

but he executed cancellation deed againest that gift deed in 2008.

my question is

1.is it mandatory that giving and accepting took place at same time.

2. in my case was it mandatory to get any sign with my father at the time of applying for records as i was not done acceptance signature at the time of registration.

3. in Both times i.e at the time of registration and at the time of getting passbook we didin't signed at a time.

frome above 3 points

is r3egistration is valid without my acceptance signature and is it mandatory to get my father signature at the time of applying passbook after 40 days of registration. But revenue officer didn't say any objection at that time.

canu please help me in this case wheather this giftdeed is valid if not how can i proceede to get my land


Asked on 2/18/13, 1:05 am

2 Answers from Attorneys
Fca Prashant Chavan Expert Edge LLP

18.02.2013

Dear Sir / Madam,

(Pincode does not exist)

A Gift Deed to be valid must be signed by the donor and the donee. If that has not been done, the Gift Deed itself is invalid.

At the time of registration, both the parties are required to be present to sign before the Registrar on the land record to record the transfer. Even that has not been done.

Moreover, since your father has cancelled the Gift Deed, you are not the owner of the land.

Regards,

FCA Prashant Chavan

Mumbai

(You can also mail me for any further on-line advice at [email protected])

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Answered on 2/18/13, 3:04 am
Sanjay Kalra Sanjay Kalra & Associates

Registration is must for a gift deed and the presence of both Donor and the Donee at the time of registration without the them ,it is an invalid gift deed. .......Please check Sanjay Kalra and Associates on the internet to know more about our law firm and the legal services we are rendering for our clients from all over the World.

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Answered on 2/19/13, 8:01 am


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