• Unregistered Gift Deed but matter in it is Partition Deed Clauses

Hi Sir, I am planning to purchase Half Acre Land from Hindu Family at Bangalore. The owners gave us one gift dded document which was made on 12-Fe-1990 and they shared their Father property among Seven Siblings. The Gift Deed was made on Stamp Papers but it was not registered. We have told them that the unregistered gift deed is not valid but their advocate pointed out that it was mentioned as 'Daana Patra'(ie Gift Deed), the clauses which were used in is Partition Deed so we can consider this document as Unregistered Partition deed and buy the property. He also mentioned that in this matter they were some Judgement as Partition Deed, I kindly request you suggest me.
Asked 2 years ago in Property Law from Bangalore, Karnataka
1) gift deed has to be properly stamped and registered . 

2) unless it is registered it is not admissible in evidence . 

3) even a partition deed wherein division of property has taken place is required to be registered . 

4) it is necessary to go through gift deed mentioned by you to further advice . 

5) from the facts stated by you it appears that title to land is not clear and marketable . 

6) still if you want to purchase the land  obtain title clearance certificate from local lawyer and then take a call
Ajay Sethi
Advocate, Mumbai
23120 Answers
1214 Consultations
5.0 on 5.0
Unregistered gift deed is inadmissible in evidence  but can be used for collateral purposes. Therefore if the property has been partitioned based on this document and the seller's share is recorded in his name in revenue /municipal records,then you may go ahead.
S.P. Srivastava
Advocate, New Delhi
703 Answers
13 Consultations
4.8 on 5.0
Hi,
 1. If You  go ahead with the purchase ,provided that  the mutation entry has made in the records based on the gift deed, still need to clarify on certain things in the partition deed. As you have mentioned in your query  that advocate pointed out that"Dana patra" was mentioned in the partition .If the partition deed registered or unregistered has mentioned the particular part as gifted through "Dana patra "to the same person whom you are dealing with  , it is fine going ahead with the purchase.  see the clauses in the partition deed   "dana patra" was mentioned in what contest and make sure that this part was separated as the seller's share in the partition.deed..
 The registration and entry in the village registry/mutation all things can happen and there may not be any problem to right now. however we can not  rule out the possibility of the future claims from any of the legal heirs  . I feel it is a calculated risk if you purchase this property ..
Thresiamma G. Mathew
Advocate, Mumbai
1316 Answers
85 Consultations
5.0 on 5.0
If the gift is not registered it has no value in the eye of law.it can be included in partition if added that also will not be valid before law.you can buy without considering the partition deed
Jeshma Mohandas KP
Advocate, Kozhikode
567 Answers
1 Consultations
3.5 on 5.0
Hi, gift deed has to be registered if the gift deed is not registered it is not valid gift and if the title name  in the document as gift and document so drafted as partition deed then it can't valid and further in Karnataka partition deed need not be registered i.e Palupatti but parties in the partition they have to acted upon on the basis of the palupatti.
Pradeep Bharathipura
Advocate, Bangalore
4104 Answers
133 Consultations
4.3 on 5.0
Hello,
Both the gift Deed and Partition Deed have to be registered for them to be Valid documenmts on which you can entirely rely on.

However for you to purchase the property lessened risk is to first of all find out from municipal records if  mutation has taken place and if it is now in the seller's name.Secondly get a title search done by an advocate locally so that you can ascertain if the property has clear title and proceed accordingly.
S J Mathew
Advocate, Mumbai
1949 Answers
65 Consultations
5.0 on 5.0
1. Both Gift Deed and Partition Deed are required to be registered for getting legal teeth,

2. The ownership of the property you are planning to purchase is not clear legally,

3. It will be risky for you to buy the said property with the said ownership documents.
Krishna Kishore Ganguly
Advocate, Kolkata
12043 Answers
228 Consultations
5.0 on 5.0
You have not mentioned whether the property is self acquired or ancestral. You have not mentioned whether father is still alive or dead. Kindly send the above particulars.
Ravinder Pasula
Advocate, Hyderabad
316 Answers
68 Consultations
4.9 on 5.0

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