R Shah 27 July 2021

Gift deed & society under redevelopment

After registered & stamp duty paid gift deed rec'd from my father in law ( sole owners-88 year) to my wife & father in law's son & family is barred by news paper advt. Ahmedabad property under redevelopment.

Q.Who will transfer flat builder or Society.

Q. What other formalities to be done or any time period to informed society or builder.

Ragesh- . rageshshah6@gmail.com

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Quick Summary

This discussion concerns a gift deed registered from a father-in-law to his daughter and her brother for a property undergoing redevelopment in Ahmedabad. Key questions arise regarding whether the builder or the society will transfer the flat and what other formalities are required. The advice given suggests that both beneficiaries of the gift deed will transfer the property to the builder. It's also noted that newspaper advertisements barring other family members do not override inheritance laws, and a local lawyer should be consulted for specific advice on formalities and timelines.

2 Replies

Dr J C Vashista (Advocate) 27 July 2021

If the property gifted to your wife + one of her brother is self acquired of your father in-law both of them shall transfer it to the builder. The transaction of transfer of title of the flat/ property (by virtue of subject gift deed) has to be mutated and informed all concerned including society and builder.

Advertisement in newspaper barring other family members do not change inheritance / succession laws means the alleged debarring is useless exercise.

Second question qua other formalities or time period is a subjective matter where proper opinion can be formed and provided by a local prudent lawyer after analysing facts of the case / documents.