Registration and gift of old unregistered property
Amit
(Querist) 09 June 2014
This query is : Resolved
Dear Sir,
Greetings from my side.
This in relation to our flat in Mumbai purchased in the year 1981. Flat was purchased by my Grandfather in his name. STAMP DUTY OF RS.5 prevailing at that time was paid and the property was NOT REGISTERED.
My grandfather died in the year 1991 without making any nomination and without any Will.
My Grandmother died in the year 2001.
My Grandfather has 4 sons and 4 daughters.
There was dispute between the brothers for this flat. Sisters had no issue.
Now in 2012 the disputes between the brothers was resolved it was decided to transfer the property in name of my father(Age:61 with first name in Share Certificate) and one other brother(Age:71 and with Second/Joint name in Share Certificate).
2 brothers and all 4 sisters have given their Affidavit Cum No Objection.
The flat has been transferred in name of my father and other brother in the society and on the Share Certificate.(based on Transfer papers submitted i.e Affidavit Cum No objection, Death Certificate, Advertisement in Newspaper etc.)
Now the other brother(Second name in Share Cert.) wants to gift the property in name of my father (as per our internal discussion and some amount to be paid.). Further that brother is not having any child.
So my query is:
1. Should the property be first registered in name of both the brothers and then the gift deed should be made and registered.
OR
2. Should I make the gift deed first and register it and then register the property only in my fathers name.
Please help me with the best possible route from above or any other better alternative solution.
Thanks and Regards in Advance.
Hope to receive a positive reply.
ABDUL RAZIQUE
(Expert) 09 June 2014
Dear Amit
Your answer in your Query No.1.
Amit
(Querist) 09 June 2014
Thanks for the reply Sir.
Do u mean that the answer to my Query is Option No.1.
Just need a little clarification.
ABDUL RAZIQUE
(Expert) 09 June 2014
Yes, first registered the property in name of both the brothers and then one brother execute gift deed in favor of other. Gift deed should be registered.
Amit
(Querist) 09 June 2014
Thanks for your prompt reply Sir.
But is the first option only available to me.
Cant I go with the second option.
I will be helpful to me if you reply as I will get more clarification and can take decision accordingly as the above procedure has to be done in next 2 to 3 months.
Amit
(Querist) 09 June 2014
One more query is that Can I execute and register the gift deed:
1.Before the registration.
2. Or on the same day of Registration of property
3.Or on the next day of registration of property or anytime thereafter.
Please let me know as I have doubts regarding the same.
Thanks in Advance Sir.
ABDUL RAZIQUE
(Expert) 09 June 2014
Dear amit
first registered the deed then execute gift deed.
after a day or tomorrow
Amit
(Querist) 09 June 2014
Dear Sir,
Very thankful for your advice.
M V Gupta
(Expert) 11 June 2014
When ur grand father died in 1991, intestate and without nomination, all the brothers and their sisters inherited the flat in equal proportion.In view of the compromise reached between all the brothers and sisters the flat was got transferred in the name of ur father and another brother of his in the Society's records. No document seems to have been executed by all the heirs evidencing the settlement reached amongst all the heirs. In my view in the absence of partition deed or family settlement deed executed and registered by all the heirs of ur gr father, their rights do not get extinguished. Hence in my view u should first get a partition deed/settlement deed executed by all the heirs of ur gr father including his daughters (i.e, ur buwas) and register the same. After that an application may be submitted to the Society to delete the name of your uncle whose name stands second in the share certificate.
Amit
(Querist) 11 June 2014
Dear Sir,
Thanks for your valuable advice.
All the brothers and sisters have signed a Deed of Family Arrangement(on stamp paper of Rs.500/-,notarised and not registered) and a Release deed (on Stamp paper of Rs.200/-,notarised and not registered). This was done just to have a record of the arrangement.
Further the Affidavit Cum No Objection of the sisters and other two brothers clearly mentions the following points.
1.All the legal heirs of the owner have agreed between themselves that the flat is to be transferred in the name of 2 brothers.
2.They do not desire to claim the title and further have no objection in respect of the transfer.
3. That they indemnify the society in respect of the above transaction.
The society is completely satisfied with the documents and have transferred the flat after consulting their legal advisor.
Further the documents were made in consultation with the society and to the satisfaction of the society.
The only issue they were having is the stamp duty not paid which I will pay now.
M V Gupta
(Expert) 12 June 2014
As the documents mentioned by you are not registered they are not valid in the eye of law. four moths is the time limit for registering a document. hence the documents referred by you cannot be registered now. Ideal course is to execute afresh a proper deed of partition or family arrangement by all the heirs and register the same within 4 months of execution. Pl get the new document drafted by an experienced advocate so that the actions taken by the parties pursuant to the earlier documents are not affected.
Amit
(Querist) 12 June 2014
Respected Sir,
Thank you very much for your advice.
I will try to work on the advice given by you.
Raj Kumar Makkad
(Expert) 14 June 2014
Well advised by experts leaving no room to enter especially when the querist has already thanked the experts.
