Gift deed of a old property undergone for redevelopment

Praful Dhonge (Querist) 01 May 2023 This query is : Resolved
Dear Sir,
Our building is under redevelopment since last 2 yrs. All members have done PAAA except one member by saying she wants to purchase extra area and does not execute the PAAA for the flat which is allotted as per DA. She is the single owner of old flat.
For purchasing the extra Area, she wants to take a loan but as she is not a working women, she wants to gift the flat to her son so that he can take loan for extra area to purchase.
My Question is , can she gift 50% of her flat to her son for the Old flat which does not exists as of now and the new flat is not yet registered on her name.

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Quick Summary

A property owner wishes to gift 50% of their old flat, currently under redevelopment, to their son so he can secure a loan for extra area. The question is whether this gift deed is legally valid even though the old property no longer physically exists and the new flat isn't registered yet. The consensus is that the owner retains the right to transfer their share as they see fit, provided they have a clear title, regardless of the redevelopment status.

T. Kalaiselvan, Advocate (Expert) 02 May 2023
She was the erstwhile owner of the proeprty which is undergoing redevelopment now.
This will not dis entitle her ownership neither her title can be relinquished because of the delay in the completion of redevelopment process.
She will be entitled to the take decision as per her desire, nobody can stop her from transferring her property to anyone of her choice if she has clear and marketable title to the property.

Praful Dhonge (Querist) 02 May 2023
Thanks Sir. This means she can transfer her 50% rights to his son name even if the old flat or property does not exist or under redevelopment ? Is my understanding correct ?

kavksatyanarayana (Expert) 02 May 2023
Yes. Sir...................................

P. Venu (Expert) 03 May 2023
Let her take decision at her discretion. How could this be a legal issue?

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