Registered gift deed cancellation - suggestions
Sorry for the long description. I hope this enables you give clear suggestion.
Myself along with my Father-In-Law bought a residential site (40x60) in 2013 where both of us invested money and got the property registered jointly (un-divided) in my Father-In-Law and my wife's name (home maker, no other source of income).
Subsequently my Father-In-Law gifted his property rights to my wife through a registered gift deed. All my Brother-In-Laws and my Mother-In-Law signed the gift deed.
Sagar
I wanted to take a home loan on this property where my wife as a co-applicant in SBI. But SBI informed me that I need to be the co-owner of the property. So suggested us to get a gift deed executed, so myself and my wife become co-owners. I did so and later found that the katha is not transferable by BBMP due to a pending case in court against my housing board (CA sites converted to residential site etc) (canara bank layout, Bangalore).
I checked in BDA master plan/modified plans to make sure my site is not under this illegally converted land and found that it is not. My site also has got the BDA Khatha and it is part of BDA released sites to housing society.
I don't want to wait till the stay is vacated (afraid that it may take too long as I don't understand judicial processes).
BBMP is ready to give plan sanction but not katha transfer. I checked in BBMP.
I need your expert suggestion how do I go about it?
1. Cancel gift deed so that I don't have to go for katha transfer and take loan from other banks where co-ownership is not needed?
- If yes is it allowed to cancel a registered gift deed (there were not major conditions in the gift deed, but there are some common conditions)?
- what are the procedures to cancel it?
2. Re-gift to my wife? what is the procedure for katha in this case? Do we still need to officially transfer or original katha which is already in my wife's name is sufficient?
I need your suggestions as I am really scared about my dream home and suffering for none of my mistakes.
Asked 9 years ago in Property Law