Falt transfer to my father
Querist :
Anonymous
(Querist) 19 December 2011
This query is : Resolved
Dear Sirs, i have need some legal help on my issue.
My father purchesed 2 flats in 1999 in same building in joint ownership with my uncle and aunty as we were staying in joint family, now we all have saprated , the agreement was made with builder is as under manner: 1 flat it was my Father and two aunties and 2nd flat in name of my uncle and my mother. at that timre payment was made from my fathers account. now they all dont claim any right to the property, but my father want to delete all other name leaving his and my mothers name in each agreement.can we make an affadvit and indenmity bond and transfer the share certificate in my perents name.if we do affadvit ,can i sell the property without their signatures. my uncle who was in agreement is dead.can we not make any new agreement and save money ? any option please suggest.
ajay sethi
(Expert) 19 December 2011
1)your aunties will have to make gift deed in favour of your father. your 2 aunts are co owners of said flat .
2) inrespect of second flat which was purchased in name of your uncle and your mother the 505share of your uncle will be bequeathed to his legal heirs . the legal heirs can execute deed of relinquishment in favour of your mother .
3)in respect of flat in which your aunts are co owners by means of affidavit /indemnity bond society wont transfer the share certificate in your father name .
4) follow due process of law . trying to save money may boomerang on you
Deepak Nair
(Expert) 19 December 2011
Dear Ajay Sir,
With respect to your answer no.1, i would like to ask you that, istead of gift deed, can't it be done through deed of relinquishment / release deed just like in the anser no.2??
jeevan1950
(Expert) 19 December 2011
You can execute gift deed in favour of ur mother and father with the coowners also consent to the said gift deeds.
Devajyoti Barman
(Expert) 19 December 2011
Gift deed , relinquishment deed or even release , any of these will do to serve your purpose.
Querist :
Anonymous
(Querist) 20 December 2011
Dear Sirs
Thank you Ajay sir,deepak Sir,jeevn Sir and Devajyoti Sir thank you all for your kind and promt response. Sir if I make a gift deed I will have to register it again?, and please advise if I make a relinqiushment deed then also do i have to register it.
Thank you again
Shonee Kapoor
(Expert) 20 December 2011
Yes all deeds need to be registered for any immovable property.
Regards,
Shonee Kapoor
harassed.by.498a@gmail.com
Querist :
Anonymous
(Querist) 20 December 2011
Dear Sir, I am hereby attaching format of affidavit which i has been prepared by a lawyer friend of mine if you could please go through it and review and advise any correction please. it would be a great help from your side. and also want to ask if this affadavit ok can my father sell this property to any other persons with talking signature of all other names present in agreement .thank you
please advise
Querist :
Anonymous
(Querist) 24 December 2011
Dear Sir , Please reply to the attached file,please help
Deepak Nair
(Expert) 31 December 2011
The affidavit is fine, but you have to make it in the form of a Deed of Relinquishment or Deed of Release. The deed of release is normally made on a stamp paper of rs.100/- and it has to be registered. unregistered release deed has no value.
A mere affidavit won't serve your purpose.
By the said release deed, your aunts can release all their claim/interest on the property to your father.
The format for release deeds are easily available on internet.
