Criminal Trident Pack: IPC, CrPC and IEA by Sr. Adv. G.S Shukla and Adv. Raghav Arora
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Hrushi   25 February 2022

Gift deed

If a Gift deed comes to Co op hsg.Soc. in Mumbai for tranfering flat in the name of Donee and the Donee does not submit Original Gift deed as it is with Bank from whom Doner has taken Loan.
More ever, the said Gift deed is wrongly prepared as there are many mistakes and signtures not telling etc. also registered with Sub Registrar who seems to have by over sight registered the same and Bank also gave Loan against the same.
My Queries are:
1)How to tranfer Flat,
2) Can sub registerar nullify the registration of giftdeed.
3) Whether Bank NOC required.


Learning

 7 Replies

Advocate Bhartesh goyal (advocate)     25 February 2022

( 1  ) Since Gift deed is registered with sub registrar so it is perfectly  valid until  cancelled by civil court.On basis of said gift deed society can transfer the flat in favour of donee.

( 2 ) No sub registrar has no power to cancel or nullify registration of gift deed.

( 3 ) No.

Hrushi   25 February 2022

Dear Adv. Goyalji,

Clauses in Gift deed are totally Wrong. Also Signatures are not telling. Many corrections are not initialed.Till this date lean with Bank by Doner is continued. Society has already given NOC to Bank   when Doner applied for loan about 3 years back.

How it becomes valid if Sub registrar overlooks these.

SHIRISH PAWAR, 7738990900 (Advocate)     25 February 2022

Hello,

You said society has already issued NOC so society transfer is already done. If you object the gift deed then you have to challenge it before civil court. Sub Registrar has only registered it on the basis of documents. He dont have any power to nulify / cancel the document. 

Hrushi   25 February 2022

Dear Adv. Pawarji,

Soc. has not issued NOC to Donee.

NOC is issued to Bank stating that no dues are pending from Doner. Based on this NOC he got Loan from the Bank. Hence there is no question of transfer as yet.

Original gift deed is still in possession of Bank.

Even in gift deed Addresses of witnesses, thier contact nos. are not mentioned. Only names are mentioned.

It seems it is a fraud by Donee.

P. Venu (Advocate)     25 February 2022

The posting suggests deeper issues. Please post complete facts as well as your locus standi in the issue.

Palak batra   25 February 2022

Dear Querist,

 

  1. To transfer a flat given under gift deed it is necessary to legally register the property in the donee’s name. The gift transfer is invalid without legal documentation of the deed, which is different from the usual registration process.

  2. The sub-registrar has no power to cancel or revoke the registered gift deed, this is the rule or law, however due to the burden of work and pressures the sub-registrar may not be able to sift between documents that are to be registered hence the mistake of the registration of cancellation deed of registered deed generally goes on by mistake.

  3. Once the property is mortgaged against loan, one cannot create third party interest without the No Objection Certificate (NOC) from the concerned bank. If the bank is willing to provide NOC to you for executing a Gift Deed then only you can execute the same or the same would not be valid transfer of property.

 

Regards,

Palak

1 Like

Dr J C Vashista (Advocate)     26 February 2022

Why does donee need NOC from society ?

The donor is stated to have hypothicated title documents with a Bank, how can it be gifted with encumbrance ?

What are the mistakes observed in the gift deed, who have found the mistakes, how it affected transfer of property by gift deed and how do you claim signature of donor are fake and fabricated ?

There are some vague and confusing facts posted, be clear and specific.


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