Share certificate

abhangasamata (Querist) 09 November 2023 This query is : Resolved
In gift deed Donor(Mother) is gifted the flat to Son(donee) & Daughter in Law( repugant/Confirming party).
is it possible to put all 3 members name in share certificate holding 1/3 share of the flat or only the donees name??

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A registered gift deed transfers a flat solely to the son, making him the absolute owner. His wife is merely a confirming party and has no beneficial interest. Consequently, neither the mother (donor) nor the daughter-in-law can be included on the share certificate as they are considered third parties with no rights to the property.

T. Kalaiselvan, Advocate (Expert) 09 November 2023
The mother has transferred the flat to her son by a registered gift deed, hence the son becomes the absolute owner by the virtue of the gift deed.
his wife is just a confirming party to the deed and not a beneficiary to the gift and the mother who is the owner has relinquished her rights in the property immediately after she had transferred the property on her son's name by executing a registered gift deed.
In this situation, both the mother and her daughter in law are third parties to the property and do not have any rights or interest in the property.
Therefore they cannot be included as shareholders in the share certificate.

kavksatyanarayana (Expert) 09 November 2023
Yes. A wonderful reply is given by the Expert Sri T.Kalaiselvan Sir and nothing to add.

T. Kalaiselvan, Advocate (Expert) 10 November 2023
KAVK Satyanarayana Sir, thanks for your appreciations

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