• Gift deed document

Case Description:

The land owner Subbaro had purchased Acres 7.00 through registered sale deed 100/1980

The land owner subbaro has entered joint development for the entired purchased land with builder

Joint development registered document number 200/2006




But the landowner has given a gift deed registration of 1000 sq.yrds land on his son name in 2008 
by supressing (joint dvelopment with builder ) the registration department
Land owner mentioned link document number 100/1980 in gift deed
but the landowner already entered registerd joint development (Document number:200/2006) agreement of total entire land 

is it valued gift document or not ? Cant you mention the what kind of act it falls in ?
Asked 6 years ago in Property Law
Religion: Hindu

2 answers received in 30 minutes.

Lawyers are available now to answer your questions.

9 Answers

The gift deed is not valid.

The landowner after making a joint development agreement has made the builder an interest holder in the land and hence the landowner can not encumber the proeprty by creating a third party interest in the same land.

In the JDA there must be mentioning of sch restrictions on the part of the land owner.

So the landowner must resolve the situation since the interest of the builder due the unlawful act of the developer is getting hampered.

Devajyoti Barman
Advocate, Kolkata
22779 Answers
484 Consultations

5.0 on 5.0

1) builder should file suit to set aside gift deed executed by landowner in favour of son

2) once joint development agreement is executed for development of plot and for sale of flats constructed therein landowner could not have executed gift deed in favour of his son for sale plot

Ajay Sethi
Advocate, Mumbai
94522 Answers
7485 Consultations

5.0 on 5.0

1. On the execution of the gift deed the title of the property instantaneously transfers to the donee whereupon ceases to have any right, title or interest in the property.

2. The JD agreement was executed in the year 2006 whereas the gift deed was executed in 2008. The mere execution of the JD agreement did not uproot the title of Subbarao, hence he was at liberty to execute a gift deed in favour of his son.

3. Despite the execution of the gift deed Subbarao is still bound to honour his contractual obligations arising out of the JD agreement

Ashish Davessar
Advocate, Jaipur
30763 Answers
972 Consultations

5.0 on 5.0

hi, the gift deed is not valid and is not enforceable by law ..it is advisable to file a suit for injuction against the gift deed

Hemant Chaudhary
Advocate, Gurgaon
4630 Answers
67 Consultations

4.9 on 5.0

Once the entire property was delivered to the builder for development/promotion in terms of the joint development agreement, this gift deed could not have been executed in 2008.

File a suit for cancellation of the 2008 gift deed.

Vibhanshu Srivastava
Advocate, Lucknow
9588 Answers
303 Consultations

5.0 on 5.0

Dear Client,

What are clauses/term/conditions of Joint Development Agreement.

WELL, GIFT can be made of owned property and through Joint Development Agreement, title in the property do not transfer.

Hence, Execution GIFT deed is invalid and comes under definition of cheating.

Yogendra Singh Rajawat
Advocate, Jaipur
22596 Answers
31 Consultations

4.4 on 5.0

Joint development agreement is not selling away the proerty to the developer.

The land is still their with the owner and probably the property might not have developed in the year when this gift deed was executed in the year 2008.

In that case the joint development agreement may be amended and the development agreement may be confined to the balance of property alone instead of cancelling the entire joint development agreement.

Since the property is still in the name of the land owner as on the date of execution of registered gift deed, the the same is valid in the eyes of law.

T Kalaiselvan
Advocate, Vellore
84713 Answers
2172 Consultations

5.0 on 5.0

Hi

1) The Gift deed is valid in eyes of law as the land owner has only given a part of his share (1000 square yards out of 7 Acres of land).

2) A joint development agreement is actually not a conveyance deed.

3) A joint development agreement is only a development agreement and in order to be effective , a separate sale deed transferring ownership , rights, title and interest should be executed.

4) So the Gift deed even assuming is made from builder share of land will become valid as only proportionate share is to be exchanged between the builder and land owner.

5) Transfer of property Act,Contract Act and Specific Relief Act are the act that will be applicable in this case.

Hope this information is useful.

Rajgopalan Sripathi
Advocate, Hyderabad
2173 Answers
394 Consultations

5.0 on 5.0

Your question is not very clear.

I would request you to elaborate the query.

From the facts as told herein I can say that the gift deed is not a valid one.

Regards

Anilesh Tewari
Advocate, New Delhi
18077 Answers
377 Consultations

5.0 on 5.0

Ask a Lawyer

Get legal answers from lawyers in 1 hour. It's quick, easy, and anonymous!
  Ask a lawyer