• Property gift deed registration

Is will revocation cancellation mandatory for gift deed registration of the same property. A gift deed was registered by mother in favor of one son and his wife, in dew course before delivery of deed another son filed a objection with registrar for cancellation/ return of the gift deed saying it was done  by pressure and being drugged to donor. He also files a petition in High court, High court did not give any stay and  case was  given date in July-2015.

Currently registrar sent a letter of the Donne and donor saying that the same property has a registered will in 2012, and he is not delivering the gift deed, whereas a reply for accepting will was submitted by Donne and donor as per registrar letter with in time limits,

What are the consequences in this case and how to get the gift deed duly registered, or how to proceed in this scenario,

Please explain the next step by Donee to get the registered deed, Should a complaint may be filed with Delhi Govt, High Court for release of documents, or what action should be taken.
Asked 3 years ago in Property Law from New Delhi, Delhi
Religion: Hindu
1. Is the mother alive?

2. If a gift deed is executed in respect of the property for which a will already exists then the gift deed is an automatic revocation of the will.

3. The HC has also refused to order a stay. So the gift deed should be registered. It is illegal on the part of the registrar to refuse the registration of the gift deed. Refusing to release the deed is a gross misuse of the power. 

4. The donee can move the civil court seeking the registration of the gift deed. 
Ashish Davessar
Advocate, Jaipur
22977 Answers
634 Consultations

5.0 on 5.0

1. The cancellation of Will is not at all required before execution of subsequent gift.
2. The execution of gift deed amount to cancellation of Will and the Registrar has no right hold the delivery of the gift deed.
3. it appears that writ petition has been filed by one son in high court. i may inform that this is purely a civil dispute and writ court can settle the dispute at rest.
4. You can file another writ petition to direct the registrar to deliver the gift deed.
Devajyoti Barman
Advocate, Kolkata
12880 Answers
166 Consultations

5.0 on 5.0

1) will takes effect on death of testator 

2) during his lifetime testator can execute gift deed in respect of his property 

3) in respect of suit filed by brother donor ie mother can take the plea that she has of her own free will executed gift deed in favour of her son and daughter in law 

4) to the sub registrar you can take the defence that even though donor had executed a will there is no bar for execution of gift deed during her lifetime 

5) your mother can also revoke the will and execute a fresh will if she so desires . in the will mention that gift deed has  been executed by her and she can make provisions in will for her other properties 
Ajay Sethi
Advocate, Mumbai
45700 Answers
2688 Consultations

5.0 on 5.0

Hi, If the Donor is agreed for the transfer of the property by way of gift then you can register the gift deed. 

2. Here donor has no issue in transferring the property so some other person has objected for transfer so his objection is need not necessarily considered by the Sub-Registrar.

3. It is better you can execute the gift deed form the donor.
Pradeep Bharathipura
Advocate, Bangalore
4551 Answers
203 Consultations

4.5 on 5.0

No but that part of the will will not be considered during probate proceedings  but it is better to modify such portion  of the will through a codicil so as to ensure no unnecessary litigation stems out of it.

Its simple let the donee explain everything through an affidavit in the high Court. It would in fact be better since this high court order will clarify the ground situation. 

This may linger the gift deed but there is no legal merit to such challenge.
Saptarshi Banerjee
Advocate, Kolkata
220 Answers
4 Consultations

4.5 on 5.0

1. You have not mentioned as to when the Gift Deed was registered,

2. Registered will can be changed,

3. Registered Gift Deed can not be revoked or cancelled,

4. Send a legal letter to the Registrar asking him to release the gift deed regiatered with him,

5. If he refuses, file a Writ Petition before the Delhi High court against inaction/illegal action of the Registrar.
Krishna Kishore Ganguly
Advocate, Kolkata
18533 Answers
449 Consultations

5.0 on 5.0

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