Gift deed documents
Manish Gangji Bhanushali
(Querist) 27 July 2013
This query is : Resolved
Hi,
My aunty owns a flat in a registered society in Mumbai.She has the share certificate and all the necessary ownership documents. The said building is under redevelopment (foundation work going on). She has entered into an agreement with the developer for redevelopment. Now she wants to gift the flat to her sister i.e. my mother. My question is:
1)Which documents are required for gift deed?
2)Is any letter from society / developer required?
3) Developer is planning to add a supplementary agreement to the existing agreement for incrementing the flat area.
i)Can she gift deed the flat before the supplementary agreement is executed?
ii)Hence, can the supplementary agreement be executed in my mother's name?
Also my aunty demanded NOC for the gift deed, which the committee is not co-operating to give from the last two months.
Kindly guide us.
Thanking in anticipation.
Sri Vijayan.A
(Expert) 28 July 2013
1)Which documents are required for gift deed?
To make a gift deed, she has to prove that she is the owner.
But along with the gift deed, she has to hand over all the previous title deeds to your mother. Then only, your mother can establish the ownership.
2)Is any letter from society / developer required?
Intimation to developer is necessary for the smooth flow and completion of the re-development.
However, the liability of your aunt as per the agreement with the developer also pass to your mother.
That is to say, your mother also bound by/ to the obligations of your aunt.
3) Developer is planning to add a supplementary agreement to the existing agreement to increment the flat area.
i)Can she gift deed the flat before the supplementary agreement is executed?
Your aunt can make supplementary deed and later gift the property to your mom along with the revised terms and conditions of the sup. deed.
ii)Hence, can the supplementary agreement be executed in my mother's name?
If gift deed is made before the sup. deed, the developer has to make the supplementary agreement with your mother alone.
Thank you.
R.K Nanda
(Expert) 28 July 2013
nothing to add more.
Manish Gangji Bhanushali
(Querist) 31 August 2013
Thanx a lot Mr Sri Vijayan for your advice.
I really appreciate it.
Thank you all for confirming the same.
But I have one more query,the lawyer which I hired asked me to bring confirmation letter from the society including proposed area and room no, since the building is under development.
Also the society is ready to give the same but they are demanding an affidavit from us , saying that " If supplementary agreement comes, society wont be responsible for any discrepancies in the incrementing the area via supplementary agreement".
Kindly advice , should we write an Affidavit or not?
Also is the confirmation letter necessary?
Sri Vijayan.A
(Expert) 07 October 2013
the proposed area and the flat/ room number might be entered into the agreement which your aunt has entered into with the society.
in such case, a separate letter confirming the above details does not arise.
if you are getting the same from the society, you can any affidavit stating that both the parties shall be bound by the supplementary agreement, if it is made in future.
Manish Gangji Bhanushali
(Querist) 06 April 2015
Dear Sir,
Thanks for the advice.
One more query, does society levies transfer charges for a gift deed?
Manish Gangji Bhanushali
(Querist) 06 April 2015
Dear Sir,
Thanks for the advice.
One more query, does society levies transfer charges for a gift deed?
