can my father amend gift deed of land which is already registered
5 years ago
Sir, My father has gifted his land to me. In the mother deed of my father which was made on understanding with his three other brothers. There are some terms & conditions in the mother deed. one of those is no body need to leave land as per municipal act in case of new construction on it. his brothers made their construction as per that point. but that point is not mentioned in my gift deed. may that point applicable to me. If not, can my father incorporate in my gift deed although the gift deed is registered and I have made a construction on it and mutation also done.
Rameshwar Dadhe
Responded 5 years ago
A.Ur father can only self acquired properties . Or anccetral
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A.Dear Sir,
The terms of gift deed dominates in all matters.
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The terms of gift deed dominates in all matters.
For full procedure contact me on mobile through Vidhikarya.
Rate me Five Star *
Please visit the following link.
https://vidhikarya.com/LawyerRating/9506c43f5d0b2d266a07
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Shreyash Mohta
Responded 5 years ago
A.Sir, the gift deed generally is made in parity with the mother deed. In your case there are two things you can do.
1. Ammend the mother deed and remove such clause of construction
2. As the gift deed did not contain the construction clause but the mother deed did contain it. It is possible that in case of a dispute things will not favour you. So to avoid such problems, it is advised to take a NOC from the other brothers who are a party to the mother deed stating that they have no problem with such construction of yours.
1. Ammend the mother deed and remove such clause of construction
2. As the gift deed did not contain the construction clause but the mother deed did contain it. It is possible that in case of a dispute things will not favour you. So to avoid such problems, it is advised to take a NOC from the other brothers who are a party to the mother deed stating that they have no problem with such construction of yours.
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