First mutation has to be done in name of sister
then she can execute gift deed in favour of brother
Gift Deed while transfer is in progress
Respected Sir, If a mother had a house and she recently passed away, she has two kids one male and one female. both aged above 45, The boy child decides to release the property in favour of sister as she had potential buyer and had verbally promised to pay 50% of the sale. Now both of them approach and lawyer and register the release-deed in sub-registrar office & apply for E-Khata. Due to election-duty officer in district says there will be huge delay in the process. Builder(potential-buyer) now decides not to buy the property. Sister suggests to do a gift-deed to brother back. My question is can the gift-deed be now registered in sub-registrar office before the khata-transfer completes, Details of jurisdistcion below State: Karnataka District : Bangalore Property-tax-collecting-authority: Bangalore.Bhruhat.Mahanagara.Palike
Asked 2 years ago in Property Law
Religion: Muslim
10 Answers
(2) If deed cannot be registered, can sister-brother make a gift-deed, sign the deed and keep it ready so that brother can use it once the khata transfer completes ? (3) if point 2 is possible , can brother use the un-registered gift deed at a later time even if sister is not alive (4) if 2 or 3 is not possible can brother request for a will from sister stating that "brother will be the absolute owner immaterial of the khata-transfer status, immaterial of the rights of other-legal-heirs ?
Asked 2 years ago
Yes, the Gift Deed can be registered in the jurisdictional Sub Registrar's Office before the completion of khata transfer, but the incidental expenses to be incurred in that office will be little high.
1) you can keep draft of gift deed ready
2) registration can be done within maximum period of 8 months of execution of document
3)un registered gift deed is in admissible in evidence
4) will can be revoked at any time
Instead apply for cancellation of release deed.
khata-transfer has nothing to do with registration and cancellation of any deed.
As per Muslim personal law it is not mandatory to register the gift deed, however since the e-khata application has not been processed yet, there is no infirmity in executing the registered gift deed too.
Besides khata transfer is a different subject to that of the registration of a document
Dear Client,
In Karnataka, the sub-registrar office is usually where a gift deed is registered. It's important to remember, though, that a property's khata, or revenue record, is an important factor in real estate deals. A khata transfer that is ongoing or incomplete could have an impact on the registration procedure. A gift deed can be prepared ahead of time and stored in a ready state. The real registration, though, might have to wait till the khata transfer is finished. It is vital to adhere to the correct legal processes as the unregistered gift deed might not possess legal validity. In general, an unregistered gift deed might not be enforceable or have any legal standing. Consequently, in order to guarantee the legitimacy and legality of the transaction, it is advised to finish the registration process. If the sister wishes to ensure that the brother becomes the absolute owner regardless of the khata transfer status, a will can be an option.
The time limit to register a document already executed between the parties if four months only after which the registrar will not entertain the registration of the document already executed, in that case you may have to get a fresh document executed.
If the document executed has not been registered and if the executant happens to die in the meantime, then it becomes invalid, the same cannot be registered by the legal heirs of the deceased .
About the Will, as per Muslim personal law, the testator can bequeath only one third part of the property in favor of the beneficiary, hence the proposed Will will not solve any purpose.
Unregistered gift deed doesn’t have any admissible value in law
1. Since, the brother has already released his share in favor of sister , then now she become the single owner of the property , and can apply for e-khata in her name.
- However, before execution of gift deed in favor of brother , the sister should apply for mutation (e-khata) in her name.
2. Yes
3. No.
