Legal Question in Real Estate Law in India

My grandmother has two daughters only and she has gifted her two houses to her two daughters through a gift deed (Each house is gifted for both of them jointly) . However, on the registration day of the gift deed, for one of the houses, the signature of the first daughter was made by someone else (a surrogate) - a 3rd women in this matter, who is unrelated to our family. She is still alive today.

Now, after 25 years , we wanted to get the registration made formally and in a legally correct way. If we execute a release deed from 3rd women (releasor) to the two daughters (releasee's), would that stand legally later on ?

In the original gift deed, the relationship of the 3rd women to my grand mother is mentioned as "Daughter", and fortunately the name is also the same as the first daughter.

Also, pls let me know if the 3rd women executes a release deed in favour of second daughter only (and not to both daughters) against an amount, would that be correct legally ?

pls clarify.

Thank you

Surya


Asked on 2/09/12, 10:55 pm

4 Answers from Attorneys

The registration is not registered validly as not signed by proper party

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Answered on 2/09/12, 11:28 pm
Sanjay Kalra Sanjay Kalra & Associates

The gift is deed is valid as it has shown in the gift deed that the 3rd woman is daughter and has the same name as 1st daughter. What you can do is ,ask her to gift the same house to the original daughter(s).

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Answered on 2/09/12, 11:46 pm
Shrichand Nahar S.V.Nahar, Advocate

If the gift is intended for person A and if gift is accepted by Person C, then it may be regarded as an invalid gift.

Consult your lawyer with the facts, documents etc. for proper advice.

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Answered on 6/11/12, 10:14 pm


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