You cannot register a gift deed that only comes into effect upon a future event like the "issuance of an Occupation Certificate". If the deed postpones ownership until a future contingency, it may be treated as a Will, which is revocable and does not transfer title immediately.

2) Once you gift UDS, the donee (brother/sister) becomes a co-owner. For a builder to have valid power for construction on the entire land, all titleholders (you and your siblings) must sign the General Power of Attorney (GPA)

3) You can legally gift property while retaining "life interest" (the right to use/stay in the property until your death)

4) prevent the builder from defaulting, do not give "selling power" (GPA with right to sell) until the builder executes a Registered Exchange Deed or a Registered Agreement for Salefor the ready-to-occupy flat in your name.

5)Ensure the Joint Development Agreement (JDA) specifically identifies the ready flat (Flat No., Block, Area) as "consideration" for your land's selling rights. 

A gift deed cannot be made with such conditions.

The proposed condition of two opposite tasks in one deed is not maintainable.

You cannot trust the builder with such promise because you will be literally vacating your property and the builder on the basis of power granted to him will betray you.

No it will not be possible to do so in one deed.

You can execute specific POA for the same 

Question 1: Conditional Gift with Future Effect
No. Once registered, gift transfers ownership immediately. The registrar is correct—conditions postponing transfer until completion certificate are invalid.​

Alternative: Gift with life interest retention (you retain occupancy rights until death, but ownership transfers now).​

Question 2: Life Interest in Gift
Yes, valid. Doesn't invalidate the gift. You retain usage rights while transferring ownership.​

Catch: Once co-owner, both you and sibling must sign any future GPA to the builder.​

Question 3: Gift + Selling Power in One Deed
No. Not maintainable. Requires two separate deeds: (1) Gift Deed, (2) GPA Deed.​

Question 4: Builder's Ready-Occupy Flat Exchange
Safe sequence:

1. Builder registers Exchange/Sale Deed for ready flat in your name first​

2. Only then sign/register GPA giving selling power to builder

Never give GPA before receiving the registered deed. Oral promises are unenforceable; registered deed is your only security.​

Different registration offices are fine—the registered deed protects you, not the office location.​

Bottom Line: Separate deeds required. Get builder's consideration (ready flat) registered in your name BEFORE granting power. Life interest is your best option for conditional retention.​

When you gift UDS of land, even conditionally, the transfer takes effect immediately upon registration. Under the Transfer of Property Act, a gift is a complete transfer of ownership once executed and registered. A condition saying that the gift will “come into effect only after completion of flats or issue of Occupation Certificate” is legally not enforceable. That is why the Sub-Registrar is correct in saying that once you gift UDS, ownership stands transferred immediately. After such transfer, the builder will necessarily require GPA/Power of Attorney from all UDS holders, including your brother or sister. You cannot remain the sole title holder once UDS is gifted.

Creating a “life interest” while gifting UDS is also not workable in a joint development context. Life interest is usually relevant for enjoyment of property (like residence or income), not for land development rights. In a JV scenario, the moment UDS is transferred, the transferee becomes a co-owner. You cannot practically reserve exclusive development control for yourself through a life interest while simultaneously transferring UDS. Registration authorities and courts both treat such arrangements as inconsistent and legally fragile.

It is also not advisable or generally permissible to combine gifting of UDS and granting selling power to the builder in one single registered instrument. These are legally different transactions with different stamp duty implications and different legal effects. A gift deed transfers ownership; a power of attorney only authorises acts. Mixing them in one deed creates ambiguity, and Sub-Registrars usually object. Even if registered, such a document becomes vulnerable to challenge later. Proper practice is always to execute separate documents.

Regarding the builder offering a ready-to-occupy flat at another location in exchange for selling power in your land, this must be handled with extreme caution. You should never give selling power first and hope that the builder will later register the flat in your favour. The safest structure is a simultaneous exchange, not a promise. This is usually done through either a registered exchange deed, or two registered sale deeds executed and presented on the same day, or a registered development agreement clearly linking the grant of selling power with immediate transfer of the ready flat. If registration offices are different, the risk increases. In such cases, you should insist on a binding registered agreement with penalty, escrow-like sequencing, or simultaneous execution through coordination of both Sub-Registrar offices. Never rely on oral assurances or MoUs for such a high-value transaction.

If you give selling power first and the builder defaults, recovery becomes extremely difficult, even if you have civil remedies. Therefore, the rule is simple: no selling power without contemporaneous registration of what you are receiving in return.

As to whether gifting UDS, granting selling power, receiving a ready flat in another area, and receiving additional money can all be done in one single registration — legally and practically, this is not advisable and is often not accepted. Each of these transactions attracts different stamp duty treatment and different legal consequences. Combining everything into one document creates registration risk, valuation objections, and future litigation exposure. Courts also view such bundled documents with suspicion if disputes arise.

The safest and legally clean structure in your situation is this: retain full land ownership until construction milestones are reached; execute a registered Joint Development Agreement with clear obligations; grant a limited, conditional GPA to the builder strictly for approvals and construction; gift UDS to brother or sister only at the stage when flats are ready for allocation; and if a ready-to-occupy flat elsewhere is involved, insist on a registered conveyance simultaneously, not later.

If your primary objective is to retain control and avoid dependency on multiple parties during construction, then any early gifting of UDS is counter-productive. The law does not support “future-effective gifts” or conditional ownership transfers in the way you are contemplating.

In summary, the Registrar’s objections are legally sound, and trying to bypass them will only weaken your position later. The transaction must be structured in stages, with ownership transfers happening only when you are prepared to share control, and with every exchange being contemporaneous and documented through proper registered instruments.

First, on the pressure from sister/brother and builder to gift UDS now.

The law gives you no mechanism to safely gift UDS today and still retain control tomorrow. Once UDS is gifted and registered, ownership is gone permanently. After that point:

• Your sister/brother become co-owners

• They can legally refuse GPA

• They can seek injunction

• They can bargain again

• They can stall construction

• They can file partition / declaration suits

There is no clause, bond, affidavit, undertaking, MoU or promise that can legally force them later to cooperate once they become co-owners. Any document saying “they will give GPA”, “they will not file cases”, “they will cooperate” is not enforceable in rem and will not stop litigation.

This is why experienced property lawyers always advise:

Never dilute title before construction milestones.

If they say “we don’t trust you”, the only legally safe answer is:

Trust cannot be created by gifting ownership; it can only be created by enforceable instruments.

The only legally recognised alternatives that protect you are:

• A registered Joint Development Agreement (JDA) clearly recording future allocation

• A registered family settlement / memorandum of understanding (without transferring title)

• A registered agreement to gift in future, not a gift deed

• A court-recorded consent terms if litigation already exists

An “agreement to gift” or “family settlement” does not transfer ownership, but can be specifically enforced by court if you later refuse without cause. That is the balance of safety.

If siblings refuse this and demand UDS now, understand clearly:

They are demanding leverage, not security.

There is no legal remedy that will protect you after gifting UDS if they later turn hostile. The risk becomes entirely yours.

Second, on preventing siblings from filing cases or refusing GPA after UDS.

There is no legal instrument that can stop a co-owner from approaching court. Any clause saying “no injunction”, “no litigation”, “no refusal of GPA” is void in effect once ownership is transferred.

Even contempt clauses, penalties, bonds, or indemnities do not stop injunctions. Courts do not refuse access to justice merely because a party promised not to litigate.

So the only way to remain safe is:

Do not make them co-owners until construction is substantially complete.

Third, on giving life interest to your mother in the second flat while gifting UDS to sibling.

Yes, this is legally possible, but with very strict limits.

You may gift UDS with a structure like:

• Life interest in favour of mother (right of residence / enjoyment)

• Vested remainder in favour of sister/brother after mother’s lifetime

However:

• Builder must expressly accept this structure

• GPA must still come from both life interest holder and remainder holder

• Banks, purchasers and developers dislike life-interest titles

• It complicates future sale, mortgage and redevelopment

Legally valid — practically messy.

Also remember: even with life interest reserved, ownership still transfers. You still lose control.

Fourth, on exchange deed with builder for ready flat elsewhere.

A registered exchange deed DOES give you title, provided:

• It is registered

• Stamp duty is paid correctly on both sides

• Property descriptions are clear

• Possession clause is explicit

However, exchange deed should never be based on future selling rights alone.

If you are giving:

• Selling rights / UDS / development rights

Then exchange must be:

• Simultaneous

• Registered on the same day

• Without any future promises

Never sign an exchange deed that says:

“Builder will register flat later”

That defeats the purpose.

If exchange deed is done properly, title is safe. If it is conditional or deferred, risk remains.

Now the blunt but necessary conclusion.

What you are being asked to do — gifting UDS first — is legally irreversible and strategically unsafe.

If builder and siblings insist:

• They are prioritising leverage over legality

• They are asking you to assume all risk

• They are shifting control away from you permanently

The only legally sound structure is:

• Registered JDA

• Limited GPA for construction

• No UDS transfer now

• Allocation crystallised later

• Exchange or sale only by simultaneous registration

There is no workaround that allows you to gift ownership today and remain safe tomorrow.

1. Under settled property law in Tamil Nadu, a gift of UDS takes effect immediately upon registration, and a gift with a future or contingent condition (such as becoming effective only after completion or OC) is generally invalid. The Sub-Registrar’s objection is legally correct. Once UDS is gifted, the donee becomes a co-owner, and thereafter both donor and donee must jointly execute GPA/sale powers in favour of the builder. A “life interest” cannot be used to postpone transfer of title in UDS; UDS is ownership in land, not a mere right of enjoyment. For your safety, the correct legal remedy is not to gift UDS now, but instead execute a registered family settlement / agreement to gift/conditional covenant clearly stating that upon completion, OC, and delivery of the agreed flat, you shall compulsorily execute the gift deed. Such an agreement can include specific performance, penalty, and irrevocable undertaking clauses, which are enforceable in court, without diluting your present title or control.

2. If you still gift UDS now, there is no foolproof legal mechanism to prevent the brother/sister from later refusing GPA, seeking injunctions, or bargaining further; co-ownership itself gives them locus. To mitigate (not eliminate) risk, safeguards would include: (i) a simultaneous registered irrevocable GPA by the sibling in favour of the builder for construction and sale, (ii) a registered indemnity bond holding you harmless from litigation, (iii) a non-objection and waiver of injunction rights clause, and (iv) a liquidated damages clause with a high monetary penalty for obstruction. However, even these do not bar litigation absolutely; courts can still entertain suits. Hence, from a risk-management perspective, retaining full title until construction milestones are achieved is the legally sound advice.

3. Granting selling power to the builder in exchange for a ready-to-occupy flat at another location should never be based on trust alone. Your protection lies in simultaneous or prior registration. The safest structure is either (a) a simultaneous exchange deed, or (b) registration of the sale deed of the ready flat in your favour first, followed immediately by GPA/selling power to the builder. If registration jurisdictions differ, ensure protection through a registered exchange agreement with possession clause, bank guarantee or escrow mechanism, and an express condition that selling power becomes operative only after registration of the flat in your name. A mere promise or agreement without title transfer exposes you to serious risk.

4. Legally and practically, attempting to combine selling power to builder, gift of UDS to sibling, exchange of a ready flat at another location, and monetary consideration in one single registration is highly unsafe and frequently objected to by registration authorities. It also creates stamp duty ambiguity and future enforceability issues. As to your mother’s protection: yes, it is legally permissible to gift UDS to a sibling while reserving a life interest (right of residence and enjoyment) in favour of your mother, with the sibling receiving a vested remainder interest but this works only if you are otherwise willing to transfer title now. Finally, an exchange deed does convey clear title, provided the builder has valid, marketable title and the exchange deed is properly stamped and registered; however, you should exchange full ownership rights, not merely “selling rights of UDS,” to avoid future title disputes.

1. It is a wrong move to transfer the UDS even before completion of the proposed construction of the flat.  There is no concept called gifting the UDS even without knowing what will be the UDS, hence don't fall trap to their pressure or coercions.  If you don't register the UDS in their favor then there is no possibility of any litigation in this regard.

2.  You cannot force the donee to accept your condition if yo are not the donor because here it appears that your mother is considered as donor to have life interest in the property, if not and if you are the absolute owner of the property then you can make a conditional settlement with the condition that you propose now.

3. In the exchange deed, if it is executed by a registered document, then you may occupy the exchanged property in lieu of the property that you propose to exchange and thereafter you will not have any rights over the property taht you had delivered in exchange.

execute a Conditional Gift Deedunder Section 126 of the Transfer of Property Act, 1882. This deed must explicitly state that the gift is contingent upon the completion of construction by the builder and the delivery of specific flats to you.

2)Include a clause stating that if the builder does not complete the construction, or if the siblings do not cooperate with the Builder’s General Power of Attorney (GPA), the gift becomes null and void, and the UDS reverts to you.

3) Instead of a gift deed now, enter into a Tripartite Agreementbetween you, your siblings, and the builder. This legally binds all parties and ensures the UDS is transferred only in exchange for the specific, completed flats.

4) include a "no-contest" clause in the deed, stating they have no right to interfere with your portion of the property or the builder’s work. 

5) In the Gift Deed to your sibling, add a specific clause creating a Life Interestfor your mother.

6)exchange deed is valid, but it ensures title for you on the builder's flat in a different location only if the deed is properly registered and specifies the clear boundaries and UDS of that specific flat.

If builder is a party then yes you will get rights if it’s a registered deed

Q1: Conditional gift (effective only after completion certificate)?
NOT POSSIBLE – Gift transfers ownership immediately upon registration. Future conditions are void. ALTERNATIVE: Use life interest instead (you retain usage rights; ownership transfers now).

Q2: Life interest for mother on sister's share?
YES – Sister can execute separate deed granting mother life interest after she becomes owner.

Q3: Gift + selling power in one deed?
NOT POSSIBLE – Requires TWO separate deeds: (1) Gift Deed, (2) GPA Deed.

Q4: Multiple transactions (gift + GPA + exchange + payment) in one registration?
NOT POSSIBLE – Need FOUR separate registrations in this sequence:

1. Exchange Deed (builder's ready flat → your name)

2. Gift Deed (your UDS → sister with conditions)

3. GPA Deed (selling power → builder; both you + sister sign)

4. Life Interest Deed (optional; sister → mother)

Yes you can pray that but need to establish the same before court in a satisfactory manner

It cannot be cancelled unless it’s done by court order 

Once registered, a family settlement is legally binding on all parties. It is difficult to cancel unilaterally.

2)A registered settlement deed cannot be cancelled by you alone; it would require a court order to invalidate it based on fraud or coercion. 

3) The FSA promises a specific flat upon receiving the Completion Certificate (CC). If the project is abandoned, the asset may not exist, making the settlement technically unenforceable.

4)Ensure the FSA does not hide your financial situation.

1) The proviso to Section 34 of the SRA prohibits a court from granting a mere declaration if the plaintiff, being able to seek further (consequential) relief, fails to do so.

2)If the plaintiff (sister) is out of possession, she must seek recovery of possession as a consequential relief. Without it, the suit is "meaningless and cannot be granted under law".

3) Your case's rejection under Order 2 Rule 2 is also strong if she failed to include all reliefs arising from the same cause of action. 

4) you, as the donee, must eventually prove the gift was voluntary, the presumption of validity for a registered deed stands until clear and convincing evidence of fraud or coercion is provided.

5)The plaintiff admits the father attended her house function afterthe gift deed was registered and never complained of issues. This contradicts claims of "coercion" and "undue influence," which require proof that the donor's free will was completely overborne.

You may note that Section 34 SR Act allows a court to grant only a declaration of right/title but the  law no declaration if the plaintiff, being able to seek further relief than mere declaration, omits to do so. The Court must first decide if the plaintiff was “able to seek” further relief, and whether that issue should be considered at final adjudication, not at the threshold. Whether a suit is bare or has consequential relief depends on what is actually sought in substance, not just the form of the plaint. Section 34 proviso remains a live issue. Your counsel should argue if the relief sought was appropriate as pleaded and whether further relief was in fact “available” to the plaintiff at the time of institution.

If the suit is purely for declaration and the plaintiff was not a party to the deed, fixed court fee applies under Section 25(D). When declaration is tied to possession or other consequential relief, it becomes ad-valorem and Section 25(B) applies.

Also note that when a non-executant (like your sister) challenges a deed, and only a declaratory relief is claimed, court fee under Section 25D (fixed) rather than ad valorem is usually applicable, if no consequential relief is sought. If plaintiff also claims consequential relief (possession, injunction tied to rights) then Section 25B (ad valorem) would apply.  Courts decide based on actual relief claimed in plaint, not what could have been claimed.

To constitute cause of action, there must be facts showing a right is enforced or denied, not purely speculative or indirect evidence. You can argue that on the face of the plaint, there is no prima facie cause of action for undue influence if the plaintiff alleges nothing but social interaction.

Evidence weights at trial but pleading must at least disclose a real cause of action. If she failed to properly plead necessary elements (e.g., why she personally suffered legal injury, how undue influence affected her rights), you can argue no cause of action or inadequate pleadings.

A family settlement can be valid and enforceable only if certain conditions are met.  However it is subject to cancellation or set aside b y courts hence a registered settlement deed is  it is not 100% guaranteed and non cancellable.

You may note that that you cannot gift what does not yet exist, a family settlement over future property operates only as an agreement, not an immediate transfer and your sister does NOT get ownership now, she only gets a right to sue later and this is not absolute protection. 

Further, in your present situation with heavy burden of loan from various lenders, as per Section 53, Transfer of Property Act any transfer or settlement done after default can be treated as a “Transfer made with intent to defeat or delay creditors'. The Bank can seek to set aside the family settlement, court can declare it void against creditors and also your Sister’s rights will become unenforceable, even if it was a registered settlement.

Your sister can file specific performance suit to seek damages, injunction but she cannot claim ownership automatically, she cannot override bank attachments, it cannot bind the builder unless builder is party.  A family settlement does NOT bind third parties unless they are signatories, or  property already stood in your name.

Also you may note that you cannot create life interest in property you don’t yet own if project fails and life interest collapses or if banks attach the life interest fails

Courts treat this as contingent promise, not vested right.

Q1: Declaration suit rejection correct?
YES. Sec 34 Specific Relief Act requires consequential relief for declaration suits challenging title deeds. Sister (non-party, no possession) needed to seek partition/possession. Latest SC: Bachhaj Nahar vs Nilima Mandal (2008) mandates it; no exception for non-parties.​

Q2: Court fees?
Sec 25(d) fixed fee sufficient for non-party challenging deed validity (not claiming title/possession). Ad valorem 25(b) only if seeking share/possession. TN HC/SC consistent.​

Q3: No cause of action?
YES, strong defence. Father's post-gift function attendance + MIS deposit shows free will, contradicting undue influence/coercion. File counter-affidavit highlighting this.​

Family Settlement:
Binding but NOT 100% safe. Registered settlement enforceable via specific performance, but bank litigation/insolvency (SARFAESI/debt recovery) will attach property first—sister gets nothing if JV halted. Settle debts first or avoid.​