• Gift deed

My father was a retired Government employee and my mother a housewife. I have two elder sisters but no brothers.

My father purchased an agriculture land of 1 acre in 1996 with his own money on my mother's name. Now the land pass books are also on her name (but the land has not registered yet)

I have been married for 16 years and have 2 children, a boy and a girl. But my son is a mentally retarded child since his birth.

My mother and my two sisters are not in good terms with me since my marriage for being married to a widow and also for not taking any dowry, but my father is very cooperative in this matter.

My father had been ill for the last 5 years, even though my parents have had a lot of money, I spent thousands of rupees for his treatment.

A few months ago I asked my father rupees 5 lakhs for the stem cell therapy of my mentally retarded son. Instead of giving money, my mother wrote a gift deed on my name, the above said 1-acre land which was on her name in March 2015, in the presence of an advocate on 100 rupees non-judicial stamp paper. My father's five brothers signed on it as witnesses and notarized the same document after two days.  

In the meanwhile, my father became very ill and had been in the hospital for several months. Mother delayed registering the document due to my father's illness. Finally, my father died in October 2015 and I myself met the funeral and post-funeral expenses from my own pocket to the tune of 3 lakh rupees.

After my father's death, my mother had an argument with me and my wife and went to live with my sisters. Now she is very rigid in her attitude and not willing to come to the registrar office for registering the document. She also says that she wants to sell the land and give the money to my sisters only. She also says that the gift deed is not valid because it has not been registered.

Is the gift deed without registering valid? Kindly suggest me how to move further legally.
Asked 12 months ago in Property Law from Warangal, Telangana
Religion: Hindu
1) your mother is absolutely correct 

2) gift deed had to be duly stamped and registered to be admissible in evidence 

3) in your  case only notarised gift deed was executed and possession remains with your mother 

4) it is better you settle issue amicably with your mother 

5) if your mother seeks to sell the land you can seek stay on the grounds that land was bought by father for benefit of joint family and that your mother was house wife at that time and had no sources of income 
Ajay Sethi
Advocate, Mumbai
23284 Answers
1219 Consultations
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First of all clarify that whether the property in your mother's name was duly registered on her name or not?, if not registered, i.e., if she is not having a valid registered sale deed on her name, then she is not having marketable title to dispose/transfer/sell/gift the property to anyone including you. 
No doubt the unregistered gift deed is invalid in the eyes of law and you cannot enforce or ct on the unregistered gift deed to acquire the property, but before that confirm that whether she is in possession of a registered sale deed on her name.
If there is no registered sale deed on her name, confirm on whose name the title is lying by obtaining certified copies from the registrar's office.  If the property is remaining on your father's name, then it becomes intestate property and you can file a partition suit to claim your legitimate share in the property.
Better consult a local lawyer with all relevant papers/documents and get a first hand information from him/her, if need be you may even obtain second opinion. 
T Kalaiselvan
Advocate, Vellore
14056 Answers
127 Consultations
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1) you should apply for probate of your father will . 

2) as per will  Rs 15 lakhs should go for your son treatment . your mother cannot retain said money contrary to father will 
Ajay Sethi
Advocate, Mumbai
23284 Answers
1219 Consultations
5.0 on 5.0
The bank deposit amount may be acquired by enforcing the Will, if the Will was duly witnessed by two witnesses.  If your mother denies to give the bequest, you may first obtain a stay against the operation of bank account by her and seek for grant of probate of the will after which you can acquire the bequest made in Will by your deceased father.
T Kalaiselvan
Advocate, Vellore
14056 Answers
127 Consultations
5.0 on 5.0
Hi, the gift deed is not valid as per the Transfer of property act any immovable property if the value is more than Rupees 100 it has to be registered before the Sub-Registrar office.

2. As the property is the self acquired property of your mother she can dispose of the property according to her wills and fancy, others have no right to question it. 
Pradeep Bharathipura
Advocate, Bangalore
4105 Answers
133 Consultations
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A gift deed requires a mandatory registration failing which it does not attain the legal character and vigour as an instrument of transfer of property. Unless and until the donor i.e your mother registers the gift deed the title will not pass to you.
Ashish Davessar
Advocate, Jaipur
18158 Answers
449 Consultations
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1. The Gift Deed is not valid since it has not been registered,

2. You can not claim the property unless she willingly registers it in your favour,

3.Moreover, if the sale deed of the said land has not yet been registered in favour of your mother, she is not its owner for gifting a portion of it to you legally.
Krishna Kishore Ganguly
Advocate, Kolkata
12113 Answers
231 Consultations
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1. Your father has no authority to write any will in connection with the amount lying in the Bank account of your mother,

2. Similarly, after te demise of your father, your mother gets widow pension of her own right on which your father has no right to dictate terms of spending,

3. So, you have no legal recourse to claim the said amount or any share of the same.
Krishna Kishore Ganguly
Advocate, Kolkata
12113 Answers
231 Consultations
5.0 on 5.0

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