Transfer of unregisterd land from father to son

Gaurav Sethi (Querist) 08 July 2023 This query is : Resolved
my father transfered unregistered but alloted plot to me. does a gift deed is also required?
if i sell this plot what will be the tax liability me. or any capital gain laws applicable

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Quick Summary

Transferring unregistered land, even between family members, requires formal registration to be legally valid. An unregistered gift deed or transfer document does not confer legal title, meaning you cannot validly sell the property. To ensure a clear title and avoid future complications, you should obtain a registered gift deed from your father. Once the property is legally registered in your name, you can then consider selling it and understand any applicable tax liabilities or capital gains laws.

kavksatyanarayana (Expert) 08 July 2023
An unregistered document is not valid. Hence get a registered Gift deed from your father if it is his self acquired property. The think for tax.

kavksatyanarayana (Expert) 08 July 2023
Sorry, then think about tax.

T. Kalaiselvan, Advocate (Expert) 09 July 2023
Firstly the transfer of proeprty to your name by an unregistered deed is not legally valid.
You do not have any rights to sell the property to which you do not have clear and marketable title.
Therefore selling the property with defective title is not possible hence no question of taxes payable for the property which has not been legally sold.

Advocate Bhartesh goyal (Expert) 10 July 2023
Unregistered document does not confer title of property so on basis of such document if you enter into sell transaction that will be invalid . For valid title get execute registered giftdeed of property from your father then proceed for sell.

Gaurav Sethi (Querist) 12 July 2023
The said plot by developer is still not ready for possession and I got it transferred from devloper from my father to me by paying transfer fee for transfer in blood relation when the possession will be offered then the devloper will register will registere the said land to me.how will be gift deed be done in this case?

Gaurav Sethi (Querist) 14 July 2023
The said plot by developer is still not ready for possession and I got it transferred from devloper from my father to me by paying transfer fee for transfer in blood relation when the possession will be offered then the devloper will register will registere the said land to me.how will be gift deed be done in this case?

Isaac Gabriel (Expert) 16 July 2023
Until and unless you get title in your name, you cannot alienate or sell it to anybody.

T. Kalaiselvan, Advocate (Expert) 08 August 2023
You first get the property registered to your name and then think about further alienation of the property as per your desire

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