You are the absolute owner of house
2) any construction of first floor will have to be done by you
3) sale deed if any has to be executed by you and not your relative
Independent house registration
I got independent complete house registered as gift deed from my relative because of less registration fee we opted this option, now he wants to construct the first floor and sell the first floor to others? is it possible ,once registered the complete house,is it possible to construct on my house and selll that unit to others?
Asked 2 years ago in Property Law
Religion: Hindu
11 Answers
before registration,we opted for gift deed to save money ,now can they revoke my gift deed to sell for another ?
Asked 2 years ago
Once a property is gifted, the ownership of the property is transferred to the recipient. The donor no longer has any legal right over the property. So, in your case, your relative no longer has any right to construct a first floor on the property or sell it to others.The fact that you opted for a gift deed to save on registration fees does not give your relative any right to revoke the gift deed or sell the property. A gift deed is a legal document that is binding on both the donor and the recipient.
Gift deed cannot be revoked unilaterally
For cancellation or revocation of gift, the limitation period is three years. If period has expired then relative does not have any right to cancel or revoke gift. On gift you are absolute owner.
Generally, the Gift deed is absolute but there can be an exception for the maintenance of senior citizen, failing which it can be revoked.
If the schedule of property mentioned in the registered gift covers the entire property i.e., the land underneath and the structure above, then you become the absolute owner of the entire property, he cannot claim any rights over the property in any manner including any rights to construct a first floor over the existing structure.
You can file a suit for permanent injunction against him to restrain him from interfering in your possession and enjoyment of the property and a temporary injunction on the same lines till the disposal of the main suit,.
The donor cannot revoke the gift deed unilaterally and that too beyond three years the revocation is not valid.
Therefore any attempt made by him will not have impact
He can’t do that he need to execute a fresh gift deed or sale agreement with you making a party with the buyer
Dear Client,
Yes, it is possible to construct a first floor on an independent house that has been registered as a gift deed. However, the person who has been gifted the house will need to get a no objection certificate (NOC) from the person who gifted the house. The NOC will state that the person who gifted the house does not have any objection to the construction of the first floor and the subsequent sale of the first floor.
The NOC should be registered with the sub-registrar's office in the district where the property is located. Once the NOC is obtained, the person who has been gifted the house can construct the first floor and sell it to others.
- As per law, once the gift deed registered , then it cannot be cancelled on any ground , except a court order.
-Since, the entire property was given to you by way of a registered gift deed ,then legally he has not right to construct a floor without getting your consent and a transfer document.
- You can disallow him to construct any floor , and even he create a problem , then you can file an Injunction suit before the court for restraining him from interfering and disturbing your possession in the property .
No. You are sole owner.
Gift deed cannot be revoked.
