• Can settlement deed be transferred to other person

I had a settlement gift deed on agriculture land in 2005 given by my mother to me ( my mother being on life intrest paying all the taxes on the agricultural land).She has now transferred some part of that land to my sister without showing proper documentation (my settlement gift deed)and didn't inform me (it's been a year and I got to know through my friend).My sister also got 1B(mutation)on this land . Is it valid to do so?? How can I get it back.plzz help!!
Asked 2 months ago in Property Law from Kakinada, Andhra Pradesh
Religion: Hindu

If you have gift deed register then you can claim the rights on that mutation property from sister and file a complaint against those sub registrar officer as well how did they transfer property on your sister name.

 

If you have any clue regarding this Gift Deed then we can come to conclusion on it.

Ganesh Kadam
Advocate, Pune
9737 Answers
80 Consultations

4.9 on 5.0

Once gift deed is executed duly stamped and registered you are absolute owner of property 

 

2) your mother could not have executed gift deed for part of land in your sister favour 

 

3) file suit to set aside gift deed executed in favour of your sister 

Ajay Sethi
Advocate, Mumbai
74677 Answers
4465 Consultations

5.0 on 5.0

Invalid. You are sole owner by virtue of gift deed. Mother part transfer of land is invalid.

Yogendra Singh Rajawat
Advocate, Jaipur
18625 Answers
22 Consultations

4.6 on 5.0

See if land is already settled and gifted to you, your mother has no right to transfer same as you are absolute owner of same therefore you can file a suit to cancel the deed of your sister and also give objection in her mutation.

Shubham Jhajharia
Advocate, Ahmedabad
24383 Answers
96 Consultations

5.0 on 5.0

Gift means to transfer certain existing moveable or immoveable property voluntarily and without consideration by one person called the donor to another called the donee and accepted by or on behalf of the donee as held by the Supreme Court in Naramadaben Maganlal Thakker v. Pranivandas Maganlal Thakker and Ors. The execution of a registered gift deed, acceptance of the gift and delivery of the property together makes the gift complete. Thereafter, the donor is divested of his title and the donee becomes absolute owner of the property.”

Gift Deed cannot be cancelled unless it is a conditional Gift. Once gift is made by donor and accepted by donee the gift is complete. The title to the property passes on the donee . Donor cannot unilaterally cancel the gift. It has to be done only with the consent of done.

Once a gift is complete, the same cannot be rescinded. For any reason whatsoever, the subsequent conduct of a donee cannot be a ground for rescission of a valid gift. Moreover, a conditional gift only becomes complete on compliance of the conditions in the deed.

That a conditional gift with no recital of acceptance and no evidence in proof of acceptance, where possession remains with the donor as long as he is alive, does not become complete during lifetime of the donor. When a gift is incomplete and title remains with the donor the deed of gift might be cancelled.

From the above aspects, you should check the copy of new deed executed by your mother.  And file a case for setting aside the new gift deed executed in favour of your sister.

Ajay N S
Advocate, Ernakulam
3442 Answers
67 Consultations

5.0 on 5.0

It can't be transferred you need to execute separate gift deed for the same

Prashant Nayak
Advocate, Mumbai
18758 Answers
34 Consultations

4.6 on 5.0

Dear sir, 

You may file the declaration suit for declaration of mutation as null and void and challenge the transfer by mother to your sister. The suit will be filed before civil judge of the area where suit property lies.  

Ganesh Singh
Advocate, NEW DELHI
4489 Answers
9 Consultations

4.5 on 5.0

1. Your Mother executed conditional "Gift Deed" in your favor reserving her "Life Interest" on said property.

2. IF the above Gift Deed was duly stamp duty  paid and registered, THEN it becomes irrevocable and now mother CANNOT give such already Gifted Property to anybody, whosoever. 

3. You will need to file a Civil Court Declaration Suit, to get the Sisters Gift Transfer deed, declared as Null & Void and with directions to the Revenue /Municipal authorities to record the mutation /transfer only in your name.

Hemant Agarwal
Advocate, Mumbai
4370 Answers
23 Consultations

5.0 on 5.0

- As per law, a Gift Deed , once executed and registered cannot be revoked/cancelled.

- As the said agriculture land was gifted to you , then your mother has loosed her right over the said land.

- Hence any transfer of the said property , made in the name of your sister is not having any value in the eye of law.

- You should file a Declaration suit for cancelling the said mutation and other documents executed in the name of your sister. 

Mohammed Shahzad
Advocate, Delhi
2637 Answers
35 Consultations

5.0 on 5.0

The property transferred to your name by  a registered settlement deed cannot be revoked by the donor at any cost even though she may be having life time interest.

Once the property has been transferred by executing a registered deed she has no rights over the proeprty except for the condition i.e., life time interest. 

Therefore the subsequent transfer of property by executing another settlement deed in favor of yor sister is invalid and the mutton entries are also invalid.

You can write to the revenue department about the existing settlement deed on your name and request for cancellation of mutation entry on her name.

You can take the assistance of a local advocate if you find any problem  to draft the legal notice and other legal aspects. 

 

T Kalaiselvan
Advocate, Vellore
64643 Answers
839 Consultations

5.0 on 5.0

Your mother was still the owner of the property. So she can transfer the land to your sister. 

Still if you want to take action against this then you will have to file a complaint of cheating to the SP against your mother and sister. 

Thanks 

Rahul Jatain
Advocate, Rohtak
2523 Answers
4 Consultations

4.9 on 5.0

In case your Gift Deed is registered and duly stamped, then you are absolute owner of the said gifted property.

Your mother cannot transfer / execute gift in favour of your sister which is part of your gifted property.

The gift given by mother in your sister's favour is not valid.  

You can file objection with the concerned revenue authorities for carrying mutation of your sister's name in records and that, you can file suit for declaration based on your Gift.

S Srinivasa Prasad
Advocate, Hyderabad
1971 Answers
7 Consultations

5.0 on 5.0

Dear Sir,

Unless Gift deed is cancelled your mother cannot transfer the property. You may immediately approach revenue authorities to cancel such mutation and also approach the Civil Court restraining her from executing any document in favor of any body.

===============================================================

Gift Deed – once registred no cancellation

A gift is a money or house, shares, jewellery, etc. that is received without thought, or merely an asset acquired without making a payment against it and is a capital asset for the ‘Recipient.’ It can be as cash or movable property or immovable property.

If you might want to gift the property to any of your blood relatives, Gift deed can be used. In the case of immovable property, it is required to register the Gift Deed as per Section 17 of the Registration Act, 1908.

This kind of transfer is unavoidable. When you gift the assets like land, it belongs to the beneficiary or receiver of the gift and you cannot switch the transfer or even ask money related compensation.

 

Kishan Dutt Kalaskar
Advocate, Bengaluru
5306 Answers
172 Consultations

5.0 on 5.0

Change in gift settlement deed can only be challenged if you have completed all the conditions of gift deed if there is no bridge from your side and your mother has transferred some property against the settlement deed one thing is important whether this settlement deed has already been executed or not if it is not executed what was the reason for not executing the settlement in which was made in 2005 if there is a breach in settlement conditions you need to go through your settlement deed and take legal opinion by providing the gift deed settlement document so that you can get the actual legal advise

Vimlesh Prasad Mishra
Advocate, Lucknow
6380 Answers
20 Consultations

4.9 on 5.0

1. No property already transferred to one person through settlement gift deed cannot be transferred to another person through settlement deed without revocation of previous sales deed.

2. You should file a suit to set aside the gift deed by which your land is transferred to your sister by your mother.

Mohit Kapoor
Advocate, Rohtak
8035 Answers
2 Consultations

5.0 on 5.0

Your mother cannot cancel the settlement deed once the properties have been transferred to your name.

Mohammed Mujeeb
Advocate, Hyderabad
15648 Answers
8 Consultations

4.5 on 5.0

Hello,

If the deed is a registered one then you can challenge the transfer but there is really a little chance for you to succeed.

Regards

Swarupananda Neogi
Advocate, Kolkata
1636 Answers
4 Consultations

4.7 on 5.0

  1. As per the information mentioned in the present query, makes it clear that you have gift deed and of the same is there then any further deed in anyone’s favour would be invalid as per se in law.
  2. But, as you have mentioned that you have a settlement gift deed, and here I am little confused as there can’t be settlement deed which can be a gift at the same time though there can be two separate deeds for sure.
  3. Settlement deed can be there as if you have settled with something then she gifted you the property.
  4. As otherwise, if you have mentioned it wrongly as settlement deed instead of gift deed only then you can go before the court of law for getting injunction from any third party interest for the property by anyone and cancellation of the subsequent executed deed, if any.

Sanjay Baniwal
Advocate, South Delhi
5210 Answers
12 Consultations

5.0 on 5.0

1. After the execution of gift deed the donor ceases to have any right, title or interest in the land and, therefore, cannot transfer the property to anyone else unless the gift deed is cancelled.

2. Even if there was life interest in favour of your mother she could not have transferred the land to your sister unless the gift deed was cancelled.

3. You may file a suit for declaration of the transfer made by your mother as void and seek further declaration of your title to the land.

Ashish Davessar
Advocate, Jaipur
28752 Answers
836 Consultations

5.0 on 5.0

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