• Title Deed validity

I am Negotiating a Property Deal, the Situation is like Mr Ramu has registered Gift deed to Ramya and Ramya has on the same day registered a Gift deed to Mr. Rajiv who is son of Ramya and Rakesh. Rakesh is not staying with Ramya for last 35 years or so. Rakesh and Ramya are not Divorced. Rakesh is married to Shalini for last 30 years. and Ramu and Ramya are married for 30 years or so. 

The Question I have is the Title of the Property through registered gift deed thus passed from Ramu to Ramya to Rajiv is it a valid one? and Purchasing such Property would be safe or will it lead to any kind of Litigations ?
Asked 4 years ago in Property Law
Religion: Hindu

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11 Answers

If the gift deed is duly registered in the name of Rajiv, there is absolutely no risk in purchasing the property from him. The marital relationship does not matter here. However, engage a local lawyer to scrutinize all the previous title documents (including ECs) for at least 30 years and get his opinion. 

Swaminathan Neelakantan
Advocate, Coimbatore
3082 Answers
20 Consultations

once gift deed is executed duly stamped and registered Ramya was absolute owner of property 

 

he could have executed gift deed in favour of Rajiv 

 

i presume second gift deed is also stamped and registered 

 

 

you can purchase the proeprty 

Ajay Sethi
Advocate, Mumbai
100015 Answers
8164 Consultations

they are not divorced but merely staying seprate 

 

it would not invalidate gift deed 

Ajay Sethi
Advocate, Mumbai
100015 Answers
8164 Consultations

Yes the same is transferred through a registered gift deed it's valid. 

Prashant Nayak
Advocate, Mumbai
34693 Answers
249 Consultations

If Ramu had clear and marketable title to the property that he subsequently transferred to Ramya by a registered gift deed, then Ramya becomes an absolute owner of the said property by the virtue of the gift deed executed in her favor.

subsequently Ramya had transferred the property in the capacity of an absolute owner of the proeprty by executing a registered gift deed in favor of her son Rajiv.

Now by the virtue of the registered gift deed, Rajiv has become an absolute owner with clear and marketable title to the property now lying on his name.

Therefore in my opinion, since Rajiv has got perfect title to the property that you propose to purchaser from him, you may go ahead but before that to ascertain other facts and details you may better get a legal opinion from a local lawyer and proceed if recommended. 

T Kalaiselvan
Advocate, Vellore
90215 Answers
2507 Consultations

If it is found that a deficit stamp duty has been paid, then they can pay the balance of stamp duty and make it valid but that will not indicate anything like defective title to the seller.

 

T Kalaiselvan
Advocate, Vellore
90215 Answers
2507 Consultations

1. If it were to be irrevocable Gift Deed, from Ramu to Ramya and from Ramya to Rajiv, then it will be legally valid, if it's adequately stamped and registered in the jurisdictional Sub Registrar's Office.

2.  It's advisable to show the property papers to any Lawyer before proceeding further.

Shashidhar S. Sastry
Advocate, Bangalore
5638 Answers
339 Consultations

1. The Title Transfers, via Registered Gift Deed is perfectly legal & irrefutable, irrespective of any relationship mismatch with anybody else.  It does not affect "Clear Title" for all futuristic Sale /Gift /Mortgage /Donation /whatever.... 

Keep Smiling .... Hemant Agarwal
VISIT: www.chshelpforum.com

Hemant Agarwal
Advocate, Mumbai
5612 Answers
25 Consultations

Dear client, 

it is a valid one as long as the documents are legally acceptable. If the title is clear then purchasing it won't be an issue. 

Thank you. 

Anik Miu
Advocate, Bangalore
11081 Answers
125 Consultations

The fact that the gift deed was duly registered is conclusive proof that stamp duty had been paid in accordance with law. There will be no adverse effect on the title whatsoever.

Swaminathan Neelakantan
Advocate, Coimbatore
3082 Answers
20 Consultations

- Since, the said property came to Rajiv by way of registered gift deed by Ramya , then there is ownership left to Ramya , and it become the self acquired property of Rajiv and his father or mother having no concern therein. 

- However, a gift deed if registered then it has legal value to become the owner of the property , and by this way Rajiv having his right to sell /transfer the property without getting consent of Ramya and Rakesh & others.

- It is not mandatory to be the relative for transferring the property by way of gift deed. 

Mohammed Shahzad
Advocate, Delhi
15859 Answers
243 Consultations

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