No, you cannot gift your 1/4 share unless the court decree is registered first. Without registration, the title isn't legally valid for transfer. You must register the decree before executing a gift deed.
Legal clarification on gifting my 1/4 share in property obtained through unregistered court decree
My late husband was granted ownership of a property through a court decree issued approximately 20 years ago. However, the decree has not been registered with the Sub-Registrar’s Office till date. He passed away two years ago, intestate (without leaving a will). We have three daughters, and as his legal heirs, each of us — myself and my daughters — are entitled to an equal 1/4 share in his estate. Out of love and affection, I wish to gift my rightful 1/4 share in the said property to my youngest daughter. I would like to know: 1. Can I directly execute and register a gift deed for my 1/4 undivided share at the Sub-Registrar’s Office, even though the original court decree has not been registered? 2. Or is it legally mandatory to first register the court decree before I become eligible to transfer my share through a gift deed? Please note that my other two daughters may not cooperate in registering the decree if they become aware of my intention to gift my share. I seek legal guidance on whether I can proceed with the gift deed independently, and the risks or limitations involved if the decree remains unregistered
Asked 1 month ago in Property Law
Religion: Hindu
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1. The court decree i favor of your husband is an evidence to establish his title even though he did not get it registered through a sub registrar subsequently. However it is mandatory to get it registered.
2. It is mandatory to register the property after obtaining it through a court case. The ownership of an immovable property is not transferred until the sale deed is registered, even if the court has decreed the transfer.
Registration is crucial for legal ownership and protection of rights.
While a court decree may order the transfer of property, the actual transfer of ownership still requires registration of the sale deed.
Therefore you do not whisper your intention to transfer your share by aa gift deed to one of your daughters, first get the court decree registered and then you can decide about further transactions.
If the said decree creates new right then only it’s registration is mandatory else it’s not required to be registered
1) court decree is not compulsorily registerable, and the party has the option to register it.
2)
Even if the four-month period has lapsed, the decree can still be registered.
A decree can be enforced even if it's not registered, but registration provides stronger evidence of the decree's validity.
4) better to register court decree and then execute gift deed
Madam,
If the property mentioned in already reflected in govt records on the name of your husband, then you need not worry regarding the registration at registrar's office after court decree. You may straight way get gift deed registered in favour of your daughter as intended. If the said land is not reflected in govt. records in your husband's name, then also you can do the same by clearly drafting the gift deed and mentioning all the facts of the receipt of the said property through court degree, death of husband and his legal heirs entitlement and further your wish of transfering right, title and interest on the name of youngest daughter.
Yes, property acquired through court does not require registration.
But it is important how he acquire whether he has pre exciting right in the property or not !
Legal Clarification on Gifting Your 1/4 Share in an Unregistered Decree Property
Background:
You inherited a 1/4 share in your late husband’s property through intestate succession. The property was earlier granted to your husband by a court decree (about 20 years ago) that was never registered.
Can You Register a Gift Deed Directly?
In India, any transfer of immovable property must be registered under the Registration Act, 1908.
However, when the source of title itself (the court decree) is not registered, the Sub-Registrar will generally not accept a gift deed for registration because the title document itself (the decree) is not reflected in official records.
Mandatory to Register the Court Decree First?
Yes, it is legally mandatory to register the court decree (if it affects immovable property and was passed by consent or compromise).
Section 17(1)(b) of the Registration Act requires registration of decrees or orders of a court that create, declare, assign, limit, or extinguish any right, title, or interest in immovable property.
Why? Because an unregistered decree does not convey clear title to the property, and any subsequent transfer (like a gift deed) will also be seen as incomplete in the eyes of law.
Risks if Decree Remains Unregistered
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Sub-Registrar May Refuse to Register Gift Deed: Because your title to the 1/4 share is based on an unregistered decree, the Sub-Registrar can refuse registration of your gift deed.
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Title Disputes: Future disputes may arise because the title (the decree) itself is not perfected by registration.
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Challenge from Other Heirs: If your daughters become aware, they may challenge the gift deed’s validity on the ground that your title is not yet perfected.
What You Can Do
First Step: Get the court decree registered at the Sub-Registrar’s Office.
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Advantage: Registration of a decree does not require the cooperation of other legal heirs. It only involves presenting a certified copy of the decree and paying the applicable registration fee and stamp duty.
Second Step: Once the decree is registered, you will have a clear and marketable title for your 1/4 share.
Third Step: You can then proceed to execute and register the gift deed in favor of your youngest daughter without requiring cooperation from other heirs.
Practical Note:
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Even if the other two daughters do not cooperate in the registration of the decree, the registration of a court decree is typically a ministerial act, and the Sub-Registrar is legally bound to register it when you produce the certified copy.
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The registration of the decree strengthens your right to independently transfer your share in the property.
Conclusion
It is legally mandatory to first register the court decree that forms the basis of your title.
You cannot validly execute a gift deed for your share in the property until the decree is registered.
Once the decree is registered, you can independently execute and register the gift deed without the other daughters’ involvement.
Recommendation:
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Obtain a certified copy of the court decree (if not already in hand).
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Visit the Sub-Registrar’s office with the decree and necessary documents to register it.
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After that, proceed with the gift deed.
If you need help with the registration process or drafting the gift deed, please let me know.
Adv. Ayush S. Jain
High Court of Gujarat | District & Sessions Courts – Ahmedabad & Gandhinagar
First, get the mutation of inheritance of the deceased. Once you get your name in the revenue record, you can transfer your share accordingly. Pre-existing rights in family property do not require registration.
1. Since, the said order by the Court has not been executed by your husband , it means that the property has not been transferred in his name legally , and hence you cannot be considered as an owner of the said property on the ground of that decree.
2. Yes,
3. You can approach the Registrar after taking that decree of the Court with death certificate of husband , for the registration of the property in your name
- If refused , then you can approach the Court after filing an execution petition
Dear Client,
1. Can you execute and register a gift deed for your 1/4 undivided share without registering the original court decree?
It is not possible to register a gift deed for your 1/4 undivided share before the original court decree has been registered. The court order forms the basic proof of your late husband’s ownership of the property. When the decree is not registered, its authority stays unperfected and the Sub-Registrar’s Office may not process any further transactions, for instance, a legal gift deed, using the unregistered decree.
2. Is it legally mandatory to first register the court decree before transferring your share through a gift deed?
Yes, it is legally mandatory to register the court decree before you can validly transfer your share through a gift deed.According to Section 17(1)(e) of the Registration Act, 1908, any non-testamentary instrument that purports or operates to create, declare, assign, limit, or extinguish any right, title, or interest in immovable property of the value of one hundred rupees and upwards must be registered. An unregistered decree affecting immovable property cannot be used to establish ownership rights or to effect further transfers.
I hope this answer helps. In case of future queries, please feel free to contact us. Thank you.
Dear Lawyers, Thank you for your response. To clarify the nature of the decree: It pertains to a mutual property exchange (referred to as a "Parivarthanai Decree" in Tamil) between my youngest daughter (the Plaintiff) and my husband (the Defendant). As per the terms, my youngest daughter transferred her absolute rights to one of her properties to my husband, and in return, she received absolute rights to one of his properties. My question is: If my youngest daughter presents this decree at the Sub-Registrar’s office, can she register the entire decree independently, without requiring the consent or involvement of other legal heirs? If she is allowed to proceed alone, she can register both her property and my husband’s property in a single process without involving others. Kindly clarify this matter.
Asked 1 month ago
All the person named in the said decree will be required or their POA will be required
She can present decree for registration
consent of legal heirs is not required as it is a court decree
However it is better to make enquires with sub registrar office where property is situated
Thank you for the additional details regarding the nature of the decree. Let’s clarify:
Decree is a Mutual Exchange (Parivarthanai Decree)
Since the decree pertains to an exchange of properties between your youngest daughter and your late husband, it declares and assigns rights in immovable property.
Who Can Register the Decree?
Under the Registration Act, 1908, registration of a decree that creates or declares rights in immovable property is a mandatory act.
However, registration of a decree is typically a ministerial function – it does not require the involvement or consent of other legal heirs if they are not parties to the decree.
Your Youngest Daughter’s Right to Register
Since your youngest daughter was a party to the original decree (as the Plaintiff), she has the right to present it for registration independently, provided she:
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Has a certified copy of the decree.
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Pays the applicable registration fees and stamp duty.
The Sub-Registrar will generally not require the consent or presence of other legal heirs (like the two sisters or yourself) to register the decree because they were not parties to the decree.
Single Process Registration
Yes, your youngest daughter can register the decree in its entirety, covering both her property and your late husband’s property in a single registration process.
This is because the decree itself contains both transactions as part of the mutual exchange. The registration of the entire decree perfects the title for both parties as recorded in the decree.
Steps for Registration
Obtain a certified copy of the decree from the court.
Your youngest daughter should visit the Sub-Registrar’s Office with the decree, relevant identity documents, and registration fees.
Complete the registration process for the decree, which will ensure that the transfer of rights becomes effective in the official land records.
Your youngest daughter can register the entire decree independently.
She does not need the cooperation or signatures of other legal heirs since they are not parties to the decree.
Once the decree is registered, her title to the exchanged property will be legally perfected in the records.
If you or your daughter would like assistance with the registration process or have any other concerns, please feel free to reach out.
Warm regards,
Adv. Ayush S. Jain
High Court of Gujarat | District & Sessions Courts – Ahmedabad & Gandhinagar
In general the court decree comprises both the properties in a single decree.
Therefore a single document to execute the registered exchange deed on both the names prepared in two originals may be executed before the concerned sub registrar by both jointly, which would be the better option.
Chain of title is required to be completed first.
she does not have any right in husband property except inheritance right , She can register her property alone. Registration is must.
Madam,
It is suggested that by presentation of the said mutual transfer, the registration can be done on the respective names. But, to get the share in the property being transferred on her father's name, the consent of other legal heirs may be required at registrar's office.
Thank you, respected lawyers, for your responses. To clarify further regarding the nature of the decree: Nature of the Suit: 1. The plaintiff is my youngest daughter. She sought a declaration of absolute right and title over the 'A Schedule' property along with delivery of possession. 2. She also sought a declaration that the defendant — my late husband — is the absolute owner of the 'B Schedule' property, along with delivery of possession to him. I humbly seek your guidance on the following: As the plaintiff is my daughter and the defendant (my husband) has since passed away, can my daughter alone proceed with registering the entire decree, even without the presence or consent of her father’s legal heirs? Since this decree is in the nature of a mutual partition or family arrangement involving immovable properties and transfer of possession, what would be the applicable registration charges in Tamil Nadu?
Asked 1 month ago
The registration charges will be nominal and fixed. You can contact the sub registrar office for the exact amount of stamp duty and registration charges after adjudication
registration charges of 1% of the market value, capped at Rs. 10000 per share.
daughter can apply for registration of decree without consent of legal heirs
The court decree declaring the title to your deceased husband clearly indicates the title to him over the B schedule property.
Now subsequent to his death the succession to the property opened to his legal heirs to succeed to his estates left behind upon his intestate death.
Thus you along with your children are entitled to a rightful share in the property.
If you all decide about dividing the property by a mutual partition amicably, you can draw a partition deed and execute the same by a registered deed.
You can enquire about the applicable stamp duty and registration charges from a local deed writer.
The court decree in favour of your husband is the base document for the proposed partition deed.
- If decree already granted in her favor , then she can apply for registration in her name without taking consent of others.
Yes, your daughter can register the entire court decree alone, even after your husband's death and without consent from legal heirs, under Section 23A of the Registration Act, 1908, since she was a party to the suit and the decree involves immovable property rights.
Registration Charges in Tamil Nadu (as of 2024):
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Stamp Duty: 1% of the market value of the property (max ₹25,000)
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Registration Fee: 1% of market value (max ₹4,000)
These are standard charges for family settlements or court decree registration involving immovable property. Please confirm exact rates at your local Sub-Registrar office.
Once the decree is registered, you can legally gift your 1/4 share to your daughter.
Madam,
it is suggested that the as per your previous and present input(s), the property - which is on the name of your husband presently - is now belonging to all the legal heirs of the husband. So, to get the specific share out of that property which is on the name of your deceased husband - the consent of that particular legal heir would be required who is transferring the property's share.
I am the mother. A partition suit was filed by my eldest daughter in Jan 2024 regarding our family property. The case is still in the early stage (gathering statements), and there is no stay order from the court. In Sep 2024, I gifted my 1/4 undivided share to my youngest daughter through a registered gift deed. I did not mention the partition suit in the deed. Will this cause any legal issue later w.r.t not mentioning about the partition suit ?
Asked 22 days ago
The outcome of that suit will be binding the donee of the property
In your reply mention that you have executed gift deed for your share in property
There's no legal infirmity by having transferred your undivided share by a registered gift deed, whether or not this fact cannot be denied, hence you may contest the suit accordingly.
Madam,
This will not affect the merit of the paritition suit nor the legality of the gift deed will be questioned because whatever the share you have, you have given to your youngest daughter.
- You can file the reply/written statement in that suit after mentioning that the 1/4th has already transferred in the name of Youngest daughter.