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Questions by Emails

Subject

RETIFICATION OF GIFT DEED AFTER DEATH OF THE DONOR UNDER SPECIFIC RELIEF ACT
 
 

Detailed Question

My client had executed a gift deed in favor of his son and handed over the possession about 14 years ago, he died recently, when the donee applied for the loan it was rejected for the want of legal heir certificate.
the actual problem is that the donee is not the son of the donor, the donor is the paternal uncle of the donee. How can i ractify the gift deed after death of the donor bu filing suit. anu judgements?
 
 

Reply


1) Replied By - Replied By - Question owner Replied on - 3rd Sep 2012
User's Reply - now the bank is asking for legal heir certificate, even we keep a side the L.R.Certificate for a while,i want reticify the document through registrar, Inspector General Registrar or with court, kindly help me in this regard even after the death of donor the donee can rectify the document with the help of the court. the second quenstion is whom the donee has to make a party to the suit, when the Class-1 heirs and Class--2 heirs is not existing.

2) Replied By - Replied By - Question owner Replied on - 2nd Sep 2012
User's Reply - when the deed is already registered the bank can not raise any objections on it.
other wise please inform as to the nature of the objection raised.
Ajitkumar
Advocate

3) Replied By - Replied By - Question owner Replied on - 1st Sep 2012
User's Reply - already replied.

4) Replied By - Replied By - Question owner Replied on - 1st Sep 2012
User's Reply - when the deed is already registered the bank can not raise any objections on it.
other wise please inform as to the nature of the objection raised.

anurag

www.anuraggupta.info

5) Replied By - Replied By - Question owner Replied on - 1st Sep 2012
User's Reply - With out verifiing the contents of Gift Deed It is not possiable to give the answar.

6) Replied By - Replied By - Question owner Replied on - 1st Sep 2012
User's Reply - Hello,

Where is the need for the bank to seek legal heir certificate. Once the gift deed is executed and registered in the name of donee and the donee has accepted the gift from the donor the gift is complete. The donee has become the absolute owner of the property.

No need for you to go in for any rectifications. The law is well settled in this matter.

The bank is just playing the trick to avoid assistance.

7) Replied By - Replied By - Question owner Replied on - 31st Aug 2012
User's Reply - Dear Sir,

I have been providing legal services to various local banks, especially when the defects are found in the Title Deeds/Gift Deeds by the penal lawyers of the banks.
In such cases, I need the nature of defects found by the banks penal lawyers with the copy of your gift deed.
Please send me both the copies at skguptameerut@gmail.com or you can also talk to my junior advocate at 9411051543.

Warm regards,

S.K. Gupta Advocate

8) Replied By - Replied By - Question owner Replied on - 31st Aug 2012
User's Reply - By virtue of the gift deed the donee is the owner. No ractification is required. Gift can be given to any person and the consideration of transfer is love and affection not money.

9) Replied By - Replied By - Question owner Replied on - 31st Aug 2012
User's Reply - Your question lacks necessary particulars.
Please let me know the following:-
Was gift Deed registered and mutation entry made in favour of your client ?
If the Donor is paternal Uncle that itself does not make the Gift invalid. It is not understood as to how the Legal heir Certificate is necessary?.
It is also necessary to see Gift Deed. Can you send me a scanned copy at
-rvdadvocate@gmail.com ?
If you have letter rejecting Loan and asking Heir Certificate, please send a Scanned copy of the same also.
Rasik Dagli
Advocate

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