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raman (private)     28 September 2012

Mutation

DDA allotted a flat to father. This was a lease hold flat. He did not get it registered. But he requests DDA to transfer/ mutate it in his sons name. Now son gets it registered in his name. In all only one registry is done. Is it a valid registration?

My understanding is first father has to get it registered then he transfers it to his son who has to get it registerd. Please advise?



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 4 Replies

adv. rajeev ( rajoo ) (practicing advocate)     28 September 2012

you are right.  First he had to get it regd., in your name then he could have transferred it in your name.

Sanjeev (Lawyer)     28 September 2012

if the flat is mutated at DDA and MCD in sons name the ownership is clear as father would have submitted a will or relinquishment deed in favoiur of son at DDA for getting it mutated as DDA would not have mutated in sons name otherwise, Check the documentation and it should be fine.

raman (private)     28 September 2012

Father was allotted the flat by DDA but he has to register it in his name first to become its owner. Then only can he transfer it to his son. So there would be two registrations. First by father and second by the son. If there is only one registry by the son then is it valid or can it be challenged and property reverts back to father and he has to register it in his name by paying stamp duty?

raman (private)     28 September 2012

Rajeev Ji,

Does it mean there has to be 2 registrations.

As Sanjeevji has mentioned about relinquishment, for giving a relinquishment deed in favoiur of son, he first needs to get it registered in his name and then relinquishment deed in favoiur of son has to be registered. Meaning 2 registrations?

This has implications. If this is not a valid registration then the property reverts back to father. He may now decide not to give it to son.


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