1) gift deed should be stamped and registered to be admissible in evidence
2) if gift deed wis not registered your father cannot rely upon said gift deed in court of law
3) arrive at an amicable settlement with uncle
Gift deed
My uncle has my dads land registered on his name but few years ago when my dad asked him about the property he wrote it on my dads name as a gift deed but it was not registered ( he still has the passbook) on his name now he wants a share of the land My dad has got the stamp paper of the gift deed is there any way we can look into this issues without going to court
Asked 7 years ago in Property Law
Religion: Hindu
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6 Answers
Dear Concerned,
As the gift deed was not registered - technically the land remains on the name of your uncle in the records - this seems to be a tricky situation - at this point in time it would be good to give some share to your uncle and get the balance properly registered in your fathers name.
Best of Luck
1. Your uncle has executed the gift deed in favour of your father but the said gift deed has not yet been registered.
2. The said gift deed is not legally valid for want of registration.
3. Legally your uncle still holds the title of the said property.
4. It will be prudent on your part to amicably settle the matter with your uncle by giving him some share of it or money in lieu thereof and get the said gift deed registered in favour of your father.
Mere execution of any deed without registration does not create title in the land.
If you uncle has signed in the gift deed and you have possession of the said deed you can take possession of the land and enjoy it but your title will not become clear.
So convince your uncle may be by making some token payment.
Even going to court will not help you at all as gift deed can not be forced upon a person.
Settle the dispute amicably. You have no other option.
On what basis do you say that your uncle got your dad's land registered on his name? The gift deed requires a mandatory registration, failing which it does not result in transfer of title from the donor to donee. In these circumstances your uncle can execute a fresh registered gift deed in favour of your father.
The registered title deed of any property standing on the name any individual shall be his own and absolute property.
The registered title deed is the valid proof for claiming the property
The unregistered gift deed cannot be a valid title to the property though transferred on his name by your uncle to your dad.
You can ask your father to dvise his brother to register the gift deed for which your father can pay the stamp duties accordingly and bear all other expenses.
Your father did a mistake by buying the property and getting it registered on his brother's name.
