What is the validity of a gift deed in relation to immovable property?
My father has a house with land area 300 square yards. Now the house is built on 200 square yards and another small portion built on 50 square yards. My father gifted(registered) me the portion built on 50 square yards without specifying square yards. Then he wrote a will mentioning the whole house is given to my brother. He did not mention the gift given to me in the will he did not mention any area for him too. Now do I get the 50 square yards or just the constructed portion/apartment without land. This was done long time ago and 10000 rupees was paid as stamp duty for gift deed registration. No clue how it was calculated as document does not specify land area.
The will does not supersede the gift deed, even though it was written later. This is because the gift deed was executed earlier and the property was transferred to you at that time. The fact that the gift deed does not specify the land area is not relevant. The gift deed states that you are the owner of the portion of the house built on 50 square yards. This means that you also own the land on which it is built. You can get a copy of the gift deed from the sub-registrar's office where it was registered. This will be helpful if you need to prove your ownership of the land. Contact us for further enquiry.
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