Rohit Singh 16 December 2022

Documentation issues related to transfer of property based on good title to the property

Facts:-

In the agreement dated 1993 there were two owners of the property. Later, one of the owner was no more and the second owned gifted the property by gift deed dated 2014 to her sons and daughters. Daughters have executed relinquishment of their shares in favor of the sons.

Now the sons wants to sell the property.

Issue:

1. Do the sons have clear title to the property to enter into sale agreement?

2. What are the documents required for them to sale the property?

Reply Follow

2 Replies

kavksatyanarayana (subregistrar/supdt.(retired)) 17 December 2022

Does one of the owners who died have legal heirs or not?

sahithi reddy 20 December 2022

1. Do the sons have clear title to the property to enter into a sale agreement??

Knowing whether or not one has a claim to their parents' property is crucial. In the past, women were not allowed any property rights, and their brothers would inherit their parents' assets. But today, a lot has changed during the last few years.

As stated in a will or other legal document, the property is passed on. Mother is the sole owner of the property, and she decides who to give it to. She can share the assets with her sons. Nobody can claim it or take action. Either register the property as a Gift Deed or write the will in that manner.

If the property has a registered gift deed in the name of the son, then the answer is yes, it can be sold. The value of a gift deed is equal to that of a sale deed.

According to Section 122 of the Transfer of Property Act, a "gift" is any voluntary, uncompensated transfer of specific existing moveable or immovable property from a donor to a donee.

2. What are the documents required for them to sell the property?

If you are an owner attempting to sell your property, the paperwork is quite crucial. The required documents are stated below: