My mother transferred her house as gift deed to me, i am only heir of her. but on stamp papers the location of house have been shown wrong the house located east to my house has been shown to be in west by mistake. now she is refusing to rectify the gift deed and she is threatening me that she would gift it to her nephew with correct location. does law allows such deeds ?? is there any other way to rectify the wrong location of house in deed without her involvement?? she is refusing to rectify the location. the land on which house is made is my ancestor land and the house is made by me and my husband for my mother, as after my fathers death i have been serving her throughout.
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1. Your mother cannot cancel the gift deed now. ONce a gift deed is executed it results in an instantaneous transfer of title to the donee, and the donor thereafter ceases to have any right, title or interest in the property. So if she has to cancel the gift deed then she is required to file a suit for cancellation in the civil court, which you can contest fittingly.
2. Since your mother is refusing to execute the rectification deed you may file a suit for mandatory injunction against her.
Notu9ng toworry the teyping or human erroes in the registreed deed cna be corrcted.
For this you will have to make an deed of rectification.
However such deed of rectification will require registration as well but no substantial stamp duty is required.
Sir, the location of your house must be mentioned in the gift deed according to plot no. Or khasra no. Of land.. It is a valid gift deed , location if may having a little of error do not make a gift deed void .. Once the gift deed is made it cannot be made again in the name of someone else ..
If she wants to hift it to some other person then she can do the same in her lifetime, moreover rectification can not be made without her consent.
Regards
deed of rectification can be executed by mother to rectify wrong location shown in gift deed
2) your mother involvement is necessary
1. carrying out the rectification deed will need the involvement of both the donor and the donee because corrections have to be authenticated by the involved parties.
2. There's no other, except executing a rectification deed.
3. Incase she executes any other gift deed, challenge the same before the Civil Court.
A registered gift deed cannot be cancelled at her fancies and whims, there is no provision for unilateral cancellation of the registered gift deed.
You can issue a legal notice to your mother instructing her to execute a registered rectification deed making corrections effecting correct boundaries to the property.
If she fails to respond or is not cooperating then you may file a suit for specific reliefs or a declaratory suit to declare the correct boundaries of your property acquired through the said registered gift deed.
but can she gift the same house once again but this time to her nephew???
No she can not gift to some other person, because once gift deed is executed title of the land shofts to the person on whose name it has been gifted.
Regards
She cannot cancel the registered gift execute earlier and also cannot transfer the property to a third person if she has no property or no title to the property.
Unless the gift deed is cancelled she cannot execute a fresh gift deed.
mother cannot gift flat to nephew as she has no right , title , interest in the property once she executed gift deed in your favour