IS THE GIFT DEED VALID?.
Querist :
Anonymous
(Querist) 29 January 2011
This query is : Resolved
IS THE GIFT DEED VALID?.
My father was the first owner of a residential Flat in a Registered Co-op Housing Society from the year 1970.He nominated his wife( My mother )on the Society's Nomination form in the year 1970.My father died in 1987.As per the nomination done by my father the Society transferred the flat and share certificate in the name of my mother in the year 1988.My mother nominated me in the nomination form in the year 1988.In the year 2007 my mother transferred the flat to me via a Gift Deed, duly stamped and registered. The Society has duly transferred the said flat and share certificate to my name after my fulfilling all the formalities of the Society, in the year 2007.My question is the Gift Deed done by my mother to me is legal and valid?.Has she the right to make gift deed? She has gifted willingly and I have accepted it. My mother is still alive. I have a brother and sister.
Devajyoti Barman
(Expert) 30 January 2011
No that ift deed is not valid. The nomination by your father makes your mother only entitled to the membership of the society but not with reagrd to the share in his property. If your fatehr has died without any Will or other testament then on his death you, your brother , sister and mother have equally inherited 1/4th share in the said flat along with other properties, if any. So that gift deed has no force of law and applies only with regard to your mother's 1/4th share. You brother and sister still have got joinly 1/2 share in it.
Querist :
Anonymous
(Querist) 31 January 2011
No that ift deed is not valid. The nomination by your father makes your mother only entitled to the membership of the society but not with reagrd to the share in his property. If your fatehr has died without any Will or other testament then on his death you, your brother , sister and mother have equally inherited 1/4th share in the said flat along with other properties, if any. So that gift deed has no force of law and applies only with regard to your mother's 1/4th share. You brother and sister still have got joinly 1/2 share in it.
( In reply to the your above answer)
Mr.Barman
Thank you for your reply.Is it correct, as the share certificate has been transferred to my name via the gift deed and also the Membership of the Society, do not entails me the right to premises rather it shall be only rights to administer the property.Will it be alright if I get an NOC-AFFIDAVIT from my brother and sister after giving them their share, as per the present value or an agreed value.
Can you kindly advice me the further
process I should follow to get absolute rights.
Thank you,
Querist :
Anonymous
(Querist) 01 February 2011
Mr.Barman
Thank you for your reply.Is it correct, as the share certificate has been transferred to my name via the gift deed and also the Membership of the Society, do not entails me the right to premises rather it shall be only rights to administer the property.Will it be alright if I get an NOC-AFFIDAVIT from my brother and sister after giving them their share, as per the present value or an agreed value.
Can you kindly advice me the further
process I should follow to get absolute rights.
Thank you,
Querist :
Anonymous
(Querist) 06 March 2011
Mr.Devajyoti Burman,
Dear sir,
You have not answered my next question.Kindly answer as it will help me to solve my problem or if there is any other expert can answer the question.
Thank you,
SI.
Querist :
Anonymous
(Querist) 09 March 2011
Delete the querry and the messages.
