Under construction property

Querist : Anonymous (Querist) 17 June 2024 This query is : Resolved
Hello Experts
My husband had booked one property in his name in the year 2013 in Mumbai.The property booked was part of the slum rehabilitation project SRA project.The project had taken off but was halted due to financial crunch.
My husband has signed Agreement for Sale document and has also paid stamp duty and registration.
Now my husband wants to gift this property to me (wife)
Can this be done
If yes what is the procedure

Kindly guide
Thanks in advance

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Quick Summary

A husband booked an under-construction SRA property in Mumbai in 2013, signing an Agreement for Sale and paying stamp duty. He now wishes to gift this property to his wife. However, an Agreement for Sale is not a title document. Therefore, he cannot gift the property directly. The recommended procedure is for the developer to execute the Sale Deed in the wife's name upon project completion.

kavksatyanarayana (Expert) 17 June 2024
No. The sale agreement is not a title document. Your husband can ask the developer/builder to execute the sale deed in your name after the completion of the project.

T. Kalaiselvan, Advocate (Expert) 17 June 2024
It is just a sale agreement and not a sale deed that was registered 9n his name.
Therefore he cannot transfer the property to which he is not having clear and marketable title.

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