Sir, I am the only child of my parents. I am married with 2 kids. My parents stay with me. I lost my father two years back. He & my mother has a house in Kerala. After my father's death my mother legally gave the house in my name. We all stay together in West Bengal. In the deed, which was in Malayalam , it was written that my mother has given me the house for which I have paid her 10L. Actually, I do not know to read Malayalam, so had not gone through the details of the deed. One of my cousin in Kerala co-ordinated the whole thing so we were rest assured. In fact, there has been no money transactions that has taken place in this deal, it was just put in writing , so that the deal is clear and complete . That is what we were told. Now, I am facing a problem. I am a govt. employee. As submitted these papers at my office, as per rules, to declare my property that I have inherited. I am being questioned as to where I got that 10 L from. It was only then that I came to know that the deed paper said so. We submitted an affidavit ( on legal advice) on behalf of my mother, wherein she declared that no such money was paid and the 10L value was only a quantification for her staying with us over the years. This has also not helped. The office wants to know, why the deed was made like that. Explanation required. How can I clear myself of this. I tried to be honest and so followed the rules and declared my property. There are so many who have so many properties around but has not declared them. I have put myself into trouble by following rules. I do not want any investigations in this regard. My family will be heart broken, if there is any and I am already very nervous on this issue. Please advice.
Asked 2 years ago in Property Law from Rajarhat, West Bengal
1) your mother should state that deed was prepared by her lawyer and details filled in of consideration of Rs 10 lakhs without her consent .
2) no such consideration has in fact changed hands . no money was received from daughter .
3) Deed should be cancelled by mutual consent .
4) fresh gift deed executed . have it stamped and regd
Thanks for your reply, Sir. By default the rating went as ' Average' Sorry for that.
Sir , i) what if the lawyer who wrote the deed does not agree to do so, or what if he is not available ?
ii) Will the Co. accept if we cancel the deed and then give a fresh one ?
iii) In your opinion, did the advocate do the right thing ? I mean, is it done under normal cases like the reason told by him to us.
Asked 2 years ago
1) it is for the parties to agree whether they want to cancel the deed or not .
2) it proves your bonafides . it was a mistake . . on discovery of mistake you have made amends .
3) frankly you have been negligent . it is your duty to read the contents before signing any document
1. You have followed a peculiar way to convey the title of the property. Your mother should have simply gifted the property in your name,
2. In the instant case it is a sale deed as you have paid Rs.10 L to get the property. Anybody can challenge the said deed since there is no evidence of making the said payment,
3. Moreover, what mode of payment of the said Rs.10 L was shown in the said Deed? Was it cash? Then it is further illegal,
4. Your mother had given the statement under affidavit that she has received the money while executing the deed & she herself has given contradictory statement under affidavit that she has not received that amount,
5. However, show it as if you have received notional paymant of R.10 L from your mother for looking after her for which you also have paid back the same amount to her notionally while getting the property,
6. This is the only solution I could find for your problem.
A. It is a bonafide mistake, both parties have no knowledge regarding contents of the document due to communication problem.
B. Both party can Cancel the present deed by present before sub registrar office.
C. Execute fresh Gift Deed by way of registration and paying sufficient stamp duty.
NOTE: Don't believe deed writers with respect to draft of deed due to not legal expert.,