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Trupti Patole   12 June 2020

Gift deed

Hello, i am married daughter and my father has made a gift deed of a flat , on mother's and my name. The document is on legal paper and it is not notrised neither registered. Now we want to sale that flat how should we go ahead? Will we have to pay the transfer amount? Or we have register the document? Please guide.


 4 Replies

Aman durga   12 June 2020

Hello Mam,

Unregistered gift deed has no legal sanctity in the eyes of Law. under section 17 of the registration act gift deed of immovable property is required to be compulsory registered.

I hope it helps. 

Regards.

kavksatyanarayana (subregistrar/supdt.(retired))     12 June 2020

Without getting the Gift deed registered by your father in favour of you and your mother, you cannot sell the property.  The Gift deed is compulsorily registerable document under Sec.17 of Registration Act, 1908.

Kailash Kanugo   13 June 2020

The gift deed can not be acted upon.

Now the only remedy open is to ask your Father to register the same in your ( and mothers) name.
And then go ahead.

Or if your Father is willing to sell that flat to the purchaser and proceeds thereof ( sale price amount) is going to be deposited in your account, then you can save the Stamp duty.
Hence, act early.

Trupti Patole   13 June 2020

Thank you so much for timely response. We are looking forward to an advocate who will complete this procedure for us. If some one interested please contact me. Thank you.

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