How father can transfer unregistered property to his son.
Learner
(Querist) 25 September 2016
This query is : Resolved
Hi, My father owns a house. We have a society avantan Patra as only document for this house.Father pays house/property tax every year and have all electric/water and other bills on his name. However this house is not registered yet. We are living in this house from last 25 yeaes. We have a NOC from society also. Now my father wants to tansfer this house to my name(son). Could you please advice on what is the best way(less tax, less money and legal) for my father to transfer this unregistered property to his son? We approached society to figure out best way and society members and a lawyer. They suggested to first do society namantran(name transfer in society) and then directly do registration on son's name . No need to register this unregistered property on Father's name and then do the transfer. Is this correct ? Please help and provide best possible way to transfer this unregistered property of father to son.
Devajyoti Barman
(Expert) 25 September 2016
Yes the society has rightly advised. However to avoid any future complications get a Will executed anyway by your father in your name.
Learner
(Querist) 25 September 2016
Thanks Devjyoti. So this is how we will do registration.
1. Do namantran I.e. transfer all society related papers in son's name .
2 Do registration of this unregistered property directly on son's name. No need to do registration of this unregistered property in father's name.
3 Get the will executed by my father under my name.
Please confirm. Thanks a lot.
Learner
(Querist) 25 September 2016
Thanks Devjyoti. So this is how we will do registration.
1. Do namantran I.e. transfer all society related papers in son's name .
2 Do registration of this unregistered property directly on son's name. No need to do registration of this unregistered property in father's name.
3 Get the will executed by my father under my name.
Please confirm. Thanks a lot.
Raj Kumar Makkad
(Expert) 25 September 2016
Transfer of Name means Namantran in the record of the society and if this happens, you need not to get any other paper/document as desired. Society can get it registered directly in the name of the son. Will can be executed only after demise of your father and not during his life time and moreover the status of your father shall be inherited by you and not more than that.
Kumar Doab
(Expert) 25 September 2016
avantan Patra ( Allotment Letter)
The original allotee can register in his/her name.
The NOC/acknowledgment of all payments/dues are confirmed by you.
namantran (name transfer in society) might be internal policy of the society. Relate with Model Bye laws and society bye laws framed in accordance with Model Bye laws.
Usually as in case of Urban Development Authorities the original allotee registers in his /her name and then can dispose further by a valid deed.For original allotee the charge are usually levied as applicable on date of allotment and might be negligible.
Father-son is blood relation and charges of a valid deed e.g. gift deed might be negligible.
Rest you may choose what is most suitable to you.
Raj Kumar Makkad
(Expert) 25 September 2016
In Maharashtra, there is no requirement of the registration of an individual member of the society with the registrar. generally the registered sale-deed is executed in the name of society and thereafter society allots its shares to members. In such situation the society can directly change the name and even if any member wants the registration, the society can get it done and in that case the seller shall be society and buyer shall be such member.
Rajendra K Goyal
(Expert) 25 September 2016
Well advised, can proceed as advised by the expert raj kumar makkad.
R.K Nanda
(Expert) 25 September 2016
Nothing to add more.
Ms.Usha Kapoor
(Expert) 26 September 2016
Either you can get a will executed by father in your name Or follow the advice of Mr. Makkad.
Learner
(Querist) 26 September 2016
Thanks Mr. Makkad. What exactly you are trying to infer sir when you say "if namantran happens no need to get any additional documents. Society can directly register it on son's name".
This is unregistered property. My father has allotment letter only. So are you saying after Namantran it can directly be registered in my name. Is this valid?No need to register on Father's name.
Guest
(Expert) 26 September 2016
Mr. LEARNER,
When you have already been advised appropriately by Shri Raj Kumar Makkad, even on your academic question, why do you want confirmation again?
BY DOING SO, YOU ARE DOUBTING ON THE ADVICE OF SHRI MAKKAD!
Better be clear, if still there any doubt, which you feel not yet been cleared, while you have already received very good inputs even from other experts and the society, itself.
Raj Kumar Makkad
(Expert) 26 September 2016
Whatever advice can be offered, has already been given by me and even if you raise question mark then nothing can be done.
Rajendra K Goyal
(Expert) 26 September 2016
Please again go through the advice from expert.
Kumar Doab
(Expert) 26 September 2016
Your query has been discussed from various stances and resolved.
Approach a very able counsel at your location and have heartful of discussions.
You may have to pay a fee, but you shall be feeling satisfied and content that it was worth it.
Feel free to share the opinion in this thread.
IN all probabilities it is going to be same as already discussed.
Raj Kumar Makkad
(Expert) 28 September 2016
I do endorse the wise advice of Doab in continuation to my earlier legal opinion as expressed above.
Rajendra K Goyal
(Expert) 29 September 2016
Agree with the advice from expert Kumar Doab.
