Relinquishment deed vs Gift deed
Dear Lawyers and learned friends. I was seeking advice here on local circles about feeling cheated by advocate who took my daughters first to office of registrar Mehrauli Court Delhi to 'relinquish' share of my educated & married daughters in my favor regarding my self acquired flat ,earned by me,helped by my late father who had added name of my husband out of courtesy ,so that my life with 3 daughters only was 'safe' with a roof. My husband lived elsewhere ,never stayed in flat or paid for any taxes etc.
He died instate in June-2011.
2nd daughter was (mis) guided into believing that she could grab every belonging of her father and she did succeed helped by connected people.
I was Interested in my flat Only.
2 out of 3 daughters signed Relinquishment deed on August 14 and after a week I got a notice from Old Mehrauli Court that the Papers were null and void Because Adv Girish Kohli taking advantage of situation had changed word Relinquishment to Gift.
I consulted few people & was told That The Blood Relations NEVER Gift their mother.
Paying Gift Tax @ 10 Lakhs ++ was not needed.
I waited for my advocate who was paid in lakhs as fees to sort out the mess but he was Not Available.
I met the reader of this court,explained my problem and was guided well to speak to the Judge as a citizen of this country.
Learned Judge was shocked by manipulation of words-relinquishment-gift so that more money could be 'extracted' by advocate presuming me to be a Vulnerable Senior Citizen Widow.
I appeared in person during past 3 years and 3 Judges agreed that I was being misguided.
Today I received a letter from the Office of SDM that My papers about relinquishment are in order and No Gift tax need to be paid Despite absence of 2nd daughter.
What should I do?
Please correct me if I am wrong.
I need to go to the office of Registrar at Mehrauli to collect my original papers or should I go to the office of SDM,Mehrauli.
Do I need to get another set of similar papers?
At last , Justice has prevailed minus bribes of any kind,something my advocate was trying to put me off about tons of bribe money to be paid in 'stages' to get files moving in Government offices!! more
He died instate in June-2011.
2nd daughter was (mis) guided into believing that she could grab every belonging of her father and she did succeed helped by connected people.
I was Interested in my flat Only.
2 out of 3 daughters signed Relinquishment deed on August 14 and after a week I got a notice from Old Mehrauli Court that the Papers were null and void Because Adv Girish Kohli taking advantage of situation had changed word Relinquishment to Gift.
I consulted few people & was told That The Blood Relations NEVER Gift their mother.
Paying Gift Tax @ 10 Lakhs ++ was not needed.
I waited for my advocate who was paid in lakhs as fees to sort out the mess but he was Not Available.
I met the reader of this court,explained my problem and was guided well to speak to the Judge as a citizen of this country.
Learned Judge was shocked by manipulation of words-relinquishment-gift so that more money could be 'extracted' by advocate presuming me to be a Vulnerable Senior Citizen Widow.
I appeared in person during past 3 years and 3 Judges agreed that I was being misguided.
Today I received a letter from the Office of SDM that My papers about relinquishment are in order and No Gift tax need to be paid Despite absence of 2nd daughter.
What should I do?
Please correct me if I am wrong.
I need to go to the office of Registrar at Mehrauli to collect my original papers or should I go to the office of SDM,Mehrauli.
Do I need to get another set of similar papers?
At last , Justice has prevailed minus bribes of any kind,something my advocate was trying to put me off about tons of bribe money to be paid in 'stages' to get files moving in Government offices!! more
Viewed by 334
View all 7 comments Below 7 comments
Want to update status of my case to help others I was misguided during the worst phase ,being widowed with bad stigma of other women rolling in Crores while I was slogging non stop.for 40 years plus I refused to budge in to the theory of Crores as a factor to lure the educated daughters I took matters in my own hands The law books say that 2 out of 3 daughters can make relinquishing possible in favour of mother Lawyer drafted 2 sets of papers One for gift deed Another for relinquishing He managed to get signatures on both papers I knew about the deception but couldn't convince married daughters connected to him and brainwashed into believing the husband wife duo, wife being a professor at Hansard University Both are parents to 2 daughters only, He sent antisocial elements after vulnerable me His idea was to continue property wars to infinity I gifted a flat to wayward daughter who didn't sign Lawyer got egg on the face Because he could no more call the shots ,create rifts where Nobee existed I have my papers intact Daughters are settled well after good education The powers of illgotten money can be blinding to the educated lots of our society It's difficult but not impossible for being a woman owner of flat ,earned by working non stop . more
Aug 17
For everyone concerned- I was told by one of the Judges to Never Trust a Lawyer claiming to be The Family Friend. I could not argue with Judge that we as practicing doctors live & swear by the Trust shown by our patients! Judges were right also looking at the mess created by this greedy person who wanted to Tarnish the Image of Entire Judiciary. more
Jul 18
I went to the office of SDM Hauz Khas today & my file has been sent to Registrar Mehrauli Court after the learned Judge had written Judgement in My favor- No Gift tax to be paid by blood relations like own daughters Despite 1 among 3 not present. Relinquishment deed to be honored as it is. I will collect my documents ,as own representative like before during past 3 years. Thanks to Local Circles and my connected friends. I hope that it helps others,specially the abused seniors women to fight Own battles more
Jul 17
First and foremost is to take in to possession the ORIGINAL Papers you had filed and obtain the same to keep it safe. Certified additional Copy will certainly a grate substitute to be kept saperately - preferably with friend or some other trusted???? person (Who is not going to take undue advantage like that of your Advocate and the 2 nd Daughter) The hidden part is " The Act of Advocate and the 2 nd Daughter" having wasted interest. You can initiate & take action against your Advocate and the 2 nd Daughter, if desire. Last but not the least - Today with grace of God you are active, but in future when you are not - keep in mind that similar incidents should not take place among your daughters (2 nd V/s others) - sadly to state - eminent based on present situation. Advisable to make will in legal manner(Probate). more
Jul 16
Your querry is self defeating in fact in relations Gift Deed are also executed. There is no Gift Tax you pay at Regisry what you pay is Stamp Duty. Gift Tax is required by Income Tax Authorities
So make up your mind as to what instruction u gave to your Advocate. more
So make up your mind as to what instruction u gave to your Advocate. more
Jul 25
Pathetic but brave to step up to punish the greedy hinting to curb such misdeeds a lesson to others too. more
Jul 18
I was never divorced. Society does not allow live in relations to LIVE.2nd daughter enjoyed & took maximum out of both parents,She used my flat as tuition center for 15 years ,till 2011 when her father died and reality put a slap on my face for saving my daughters from taunts of neighbors,relatives and friends ( one NRI is an Impressive Drug Lord!)
Qualified doctors Do Not have to show off Crores as Inhertance. Entire drama was staged,just after death to confuse and to demoralize my spirit /land me again at National Heart Institute for another open heart surgery after complicated 1st surgery in 2008 due to my weak lungs.
Yes I have made a will.
But supposedly richie rich daughters say that they Do Not Care! more
Qualified doctors Do Not have to show off Crores as Inhertance. Entire drama was staged,just after death to confuse and to demoralize my spirit /land me again at National Heart Institute for another open heart surgery after complicated 1st surgery in 2008 due to my weak lungs.
Yes I have made a will.
But supposedly richie rich daughters say that they Do Not Care! more
Jul 16
madam, neelam nathit is worst corruption and you are save in god... you see in tamilnadu,namakkaldistrict tiruchengodetaluk, andipalayam village,survey no 139/2 a vao and his group (jonal 1 deputy tashildar anandan ,rdo mahathma and dro palanisamy group get 500000inr lanjam, ) put in ths patta wrong names.in tamilnadu government worst government in india.superstar and kamal hassan says is in the govt corrupt govt is wrong govt, so modi ji and amithshah ji take decision in governor rule in tamilnadu and save tamil peoples.iam affected loss in my land and govt pay 1000000inr to me because government wrongly running revenue department .take decision quickly governor rule .take modi ji..... more
Jul 16
The case is an eye opener to be cautious along with beware of law shackles. more
Jul 17
thanks your comment,in my case all of the rights in my own, but vao and tashildar ,rdo order ,and dro order truely wrong and all of the corrupt arount 500000inr .but myself tharmam victory in coming years. more
Jul 17
you are absolutely right.
In one case the Tashildar , in Chennai without verification, of records in their office, colluded with purchaser and vendor ( one of the legal heirs of the property ) issued a legal heir certificate showing erroneously that the vendor was the only legal heir of the owner of the property.On this basis the tenant purchased the property.
He issued the certificate after the 16 years after the death of the owner without any court directions.The law says after the death of a,person seven years is the maximum period to apply for legal heir certificate. after that a writ order should be obtained from the High Court for directions to Tashildar to issue legal heir certificate after proper verification.
in this case Tashildar issued the legal heir certificate after colluding with purchaser and vendor who is one of the legalheirs of the owner of the property.
on this basis the vendor sold the property to the tenant who was the purchaser and the sale was registered.
the first legal heir certificate was obtained from the Tashildar after three months after the death of the property owner. and there are 5 legalheirs including the vendor are with their name , age and address in the legal heir certificate.The tenant is fully aware of these facts.
Now the case is pending in the court.
Both vendor, Purchaser and Tashildar openly committed the fraud by colluding with each other depriving the shares of other legalheirs and cheated the Government and the Registrar. more
In one case the Tashildar , in Chennai without verification, of records in their office, colluded with purchaser and vendor ( one of the legal heirs of the property ) issued a legal heir certificate showing erroneously that the vendor was the only legal heir of the owner of the property.On this basis the tenant purchased the property.
He issued the certificate after the 16 years after the death of the owner without any court directions.The law says after the death of a,person seven years is the maximum period to apply for legal heir certificate. after that a writ order should be obtained from the High Court for directions to Tashildar to issue legal heir certificate after proper verification.
in this case Tashildar issued the legal heir certificate after colluding with purchaser and vendor who is one of the legalheirs of the owner of the property.
on this basis the vendor sold the property to the tenant who was the purchaser and the sale was registered.
the first legal heir certificate was obtained from the Tashildar after three months after the death of the property owner. and there are 5 legalheirs including the vendor are with their name , age and address in the legal heir certificate.The tenant is fully aware of these facts.
Now the case is pending in the court.
Both vendor, Purchaser and Tashildar openly committed the fraud by colluding with each other depriving the shares of other legalheirs and cheated the Government and the Registrar. more
Jul 17
