Civil Procedure Code (CPC)

Does gift deed property required registry and noc?

This query is : Resolved 

Querist : Anonymous (Querist)
21 July 2021

Q1. if my husband gives a gift deed property (flat) to my minor daughter what is the process? Does local society NOC, Local panchayat NOC and registry required?
Q2 If my ex-husband gift deed a flat to our minor daughter, being a legal sole gaurdian can I sell or give the flat on rent until the daughter is 18?

Advocate Bhartesh goyalOnline (Expert)
21 July 2021

( 1 ) If your husband is absolute owner of flat ( property ) then he can gift his flat ( property ) to any one, no NOC from any one is required however your husband has to get registered gift deed with Sub Registrar office.
( 2 ) Being a gaurdian of minor daughter, you can't sell flat of minor , you have to take permission from court to sell the flat however you can let out it for Minor's welfare..

Asgher MahdiOnline (Expert)
21 July 2021

Suppose your husband like to gift his own property self aquired without any encumberances, there is no bar in gifting that property to his choice unless that property have clear and free from any encumbarances. Registratiaon of gift deed is a must to avoid any future claims if any whatsoever.
Your ex-husband can also transfer his property by way of gift to your daughter out of his wed lock . Since, she is minor then the transfer should be through guardian representing the minor. In the instant case, the daughter is minor, you can become guardian of her since she is under your care.
The same cannot be sell but let it out for rent and its incomes should be for the daughter welfare or the same can be accumulated till she reaches majority.

kavksatyanarayanaOnline (Expert)
21 July 2021

Yes. Agreed with the above learned experts.

Dr J C VashistaOnline (Expert)
22 July 2021

Well analysed, opined and advised by experts, I agree and appreciate.

If your husband / ex-husband is absolute owner he may execute a registered gift deed in favour of his + your minor daughter.

It (gifted property) can not be sold by anyone / either of you without prior permission of court, however, it can be rented out by custodian of the minor and her property.

For process of registration of gift deed it is better to consult and engage a local prudent lawyer for appreciation of facts/ documents, professional advise and necessary proceeding.

P. Venu Online (Expert)
22 July 2021

Yes, the gift deed needs to be registered unless the transaction constitute a Hiba under the Mohammedan Law.

The minor's guardian has no absolute right to sell the minor's property. Once attaining majority, she can repudiate the transaction unless the transaction was with the approval of the Court. The guardian can put the property to productive use and employ the funds for the welfare of the child.

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