T.V.Narasa Lakshmi (Advocate) 17 March 2010

gift deed by builder to his neice

my neighbour has been gifted a single room by the buiilder which was constructed on terrace under overhead tank by the builder n made gift deed to her name.( she is the neice of builder) Now, other flat owners inour apartment objecting to it n decided to demolish the single room. she is widower n recently her husnband expired. now, what decision she could take against the flat owners. i dont know whether it is registerd or not. if not any problems will arise? or she can regstd the gift deed now.pl suggest the solution what next step shecan make.

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bhagwat patil (Property due diligence 9422773303) 31 March 2010

if in completion certificate of the building the said room is included then it is legal if not she has to vacate the room.check the completion cert.in corporation. or it may be the part of ur flat purchase deed

Suryanarayana Tangirala (Advocate) 01 April 2010

Registration of gift deed can be found out by taking an encumberance certificate from subregistrar. Check whether the said room is constructed as per sanction plan or not.Association can complain to municipal authorities for demolishion of illegal construction if they donot act, a suit for mandatory injuction can be filed by all the owners of of appartment if there is no association or by association on behalf of all the owners.

If there is any scheme for regularisation of illegal construction is announced by government.She can apply for regularisation of such illegal construction immediately.