Query on effect of registration of property

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This discussion concerns the legal validity of multiple registered gift deeds for the same immovable property. The initial transfer of property to a trust and its subsequent registration are key. If the property was validly vested in the trustees, the settlor may no longer have the authority to make further gift deeds. Consequently, subsequent registered gift deeds could be deemed invalid if the donor lacked the necessary title or authority at the time of transfer, as per Section 7 of the Transfer of Property Act. A thorough review of all deeds by a property lawyer is recommended to determine the true legal status.

abhijit majumder

abhijit majumder (Querist)

12 November 2026 Sir
One leady after creating a trust transfer her immoveable property(land & small house) to the corpus of that trust and get it registered.
Subsquently she made a gift deed in favour of her relative say Mr.A and transfer the same property . This deed also registered.
Then again some years latter she create another gift deed wherein she transfer that same property in favour of MR.B This deed also registered.
Latter when the leady was died the trustees claim that subsquent gift deeds (2nos) was invalid. So Mr.A and Mr.b Had no legal right.
What will be the legal status of the issue.
Regards
Abhijit

Manish online

Manish

(Expert)

12 November 2026 Dear Abhijit, if the first deed validly vested the land and house in the trustees and the settlor had no remaining interest or authority to transfer them, neither A nor B acquired title under the later gift deeds. Section 7 of the Transfer of Property Act requires the donor to have a transferable interest or authority to dispose of the property. Registration satisfies one of the formal requirements for a gift of immovable property under section 123. It cannot cure a lack of title or authority.

The trustees’ claim would therefore ordinarily prevail on the facts stated. The outcome depends on what the original deed actually transferred, whether it reserved any relevant power, and whether that power was validly exercised or the property was otherwise lawfully revested in the settlor before either gift. A property lawyer should review certified copies of all three deeds, including their property schedules, before anyone relies on a conclusion about title.

abhijit majumder

abhijit majumder (Querist)

12 November 2026 Thank U Sir Manish for sharing his valuable view.
In fact my thought is also in the same line.
Your valuable view assure this.
Regards
Abhijit

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