Gift deed vs . relinquishment
I have 3 married daughters who are holding responsible jobs.I am living in my own self aquire apartment.After death of my husband in 2011 2 daughters relinquished their share in my favor at Office of registrar Mehrauli but the clever lawyer who accompanied took advantage of absent daughter and converted into gift deed making relinquishment null and void and 2 good daughters as criminals who evade giving gift tax to government.The lawyer was not traceable for a year and I went to Old Mehrauli Court to settle the case offering to pay gift tax plus fines amounting to 3 lakh plus as I can not ask my 2 good daughters to pay the money for no fault.I was assured at old Mehrauli Court that I can represent myself with documents. This was 1 month ago when I took the matter minus lawyer. Now it seems the assistant who is a record keeper too has been transferred and within these years even there are new judges who refuse to see reason.Have we women become so terrifying that prim and proper young men as judges Fear talking to us women of age of their mothers or there is more to it.My health does not permit me to go again and again to ..wait..to get false promises to come again and job would be done next time.I am not the type who can get work done by addressing the powerful man on chair as putters. .I want my right not pity minus threats or abusing my status as a lady doctor. more
Shri S B Tripathi Thanks for your helpful advice. I have already got registration done at office of Registrar,Mehrauli. It required lots of running around,visiting office of SDM,Mehrauli where lots of 'middlemen' are supposedly connected to 'anyone or everyone' I used my rights as a citizen and met SDM during visiting hours to explain my dilemma of being taken for a ride by a lawyer ( money paid through cheques and I carried with me bank statements ) My lawyer had made 2 sets of papers,got them signed from daughters who believed and had faith in this lawyer Mr Girish Kohli relocated to South Delhi recently. One set was a gift deed !! Another set was relinquishment deed. SDM told me to Never Trust a Lawyer ! This Lawyer may be connected to sharp women who do resort to blackmailing tactics but my professional daughters believed and trusted him ? I knew that he was not the right person because of him being connected to the anti social women and men but I had to pay him lakhs under duress because he was connected to father in law of my daughter also. 2014-2017..I met 4 SDMs because of frequent changes and I had harrowing experience with judiciary but I did not give up despite threats from this lawyer and his connected men, women and builders including his educated professor wife who knew that I was still recovering from a complicated heart surgery. People do write bad about doctors also. Any profession without humanity is zero. My Samosewala has more dignity of his profession as a Chaiwala. Regards. more
Dr. Nath, since you have not stamp duty & registration fee for gift deed, it might not have registered, its implication is that the so called gift deed has no value. It is a big zero. In that eventuality you can get registered relinquishment deed afresh. Of it is subject to verification of entire facts. more
Easiest way to get gift deed cancelled by filing civil suit for declaration. I hope your daughter won't have any objection. more
It is a harsh truth and takes time to accept.
Daughters given away through marriage become 'Paraya Dhan' to be advised by husbands and inlaws.
Mothers ( specially widows should not have expectations and should remain grateful to God that they are protected and have own roof more
Respected friends Thanks for your advice and good wishes I met 4 SDM s at Mehrauli despite hostile staff, outside his chamber I got threatened from strangers I was asked to pay bribes to strangers I didn't yield in I got back my papers, helped by last SDM Mehrauli, July 2017 I went to office of registrar to get back my original papers Clever lawyer had got signatures on 2 sets of papers One set was for relinquishment Other set was for ' gifting ' my own self acquired flat from 2 daughters to me, the original owner of this flat where 3 daughters got best of education 3rd daughter didn't sign Never mind Hindustan Times has a supplements on Saturday, property times and it's worth reading There was an article telling parents about relinquishment If 2 out of 3 sign for relinquishment, it's considered valid My papers were valid but lawyer G Kohli resorted to taunts and blackmail so that case would go on the way of tareekh pe tareekh.. It's worth it to be your own representative Though in Indian context this lawyer is still resorting to mudslinging and character assassination and demoralising tactics that, just because I am educated and daring, I am a misfit for our ' Cool' patriarchal society more
NEELAM JE - IT IS MATTER OF TIME. COURTS BEHAVE NORMALLY VERY RUDELY AND BADLY AS FAR AS THE DATES ARE CONSIDERED. THE CLIENT'S TIME IS NOT RESPECTED BY THEM. THEIR VISITS TO THE COURT BY THE CLIENT IS PROVED FUTILE . IT IS MERE OUR LUCK WHEN WE FIND THE COURT IS WORKING AND FUNCTIONING AND YOU GET YOUR TURN. THIS IS HOW WE GET FRUSTRATED WHEN THE CLIENT'S TIME IS BADLY TREATED BY THE COURTS. YOUR WIN IS NOT VERY FAR BUT MADE TO HAVE PATIENCE WITH NO CHOICE. YOUR PROFESSION IS VERY TIME ORIENTED AND LEGAL MATTER IS ALTOGETHER REVERSED. WE HAVE NO CHOICE. THE COURT IS SUPREME more