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Sandbpunekar (Homemaker)     16 April 2016

Gift deed and transfer of partial % of co-op. soc. share

Subject : Subject : Gift deed and Transfer of partial % of co-op. Soc. Share
Message :
Sir, I am single owner of flat in co-op. society in Maharashtra and purchased by me . I have share certificate in my name. Nomination is wife. Now the building is given to builder for redevelopment. I will get free area 1000 sq.ft flat after construction. I want 700 sq.ft 2 bhk flat in my name and 1 bhk 500 sq.ft flat in joint name of my son and me as I will not get loan for 200 sq.ft excess area as I am not earning member. My son is earning member. How I transfer partial % of share in the name of son in society so that builder and bank would be ready to deal with me and my son for two flats in same society. Is it that registered gift deed is required in this case in Maharashtra. Or only transfer of partial share to son will suffice my purpose. --Sudhir


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 15 Replies

Kumar Doab (FIN)     16 April 2016

The lender (bank) is to decide.

Duscuss with bank, then  builder, society and take the details to an able counsel specializing in such/property/civil matters and proceed as advised by your counsel.

 

Sandbpunekar (Homemaker)     16 April 2016

May I get guidance on subject of essentiality of gift deed in favor of my son and/ or partial % of share of co. op. society to my son. What laws say on these matters. If laws & procedures exists Banks & Builer will not hesitate. Thanks for opinion.

Sandbpunekar (Homemaker)     16 April 2016

May I get guidance on subject of essentiality of gift deed in favor of my son and/ or partial % of share of co. op. society to my son. What laws say on these matters. If laws & procedures exists Banks & Builer will not hesitate. Thanks for opinion.

Sandbpunekar (Homemaker)     16 April 2016

May I get guidance on subject of essentiality of gift deed in favor of my son and/ or partial % of share of co. op. society to my son. What laws say on these matters. If laws & procedures exists Banks & Builer will not hesitate. Thanks for opinion.

Sandbpunekar (Homemaker)     16 April 2016

May I get guidance on subject of essentiality of gift deed in favor of my son and/ or partial % of share of co. op. society to my son. What laws say on these matters. If laws & procedures exists Banks & Builer will not hesitate. Thanks for opinion.

Sandbpunekar (Homemaker)     16 April 2016

May I get guidance on subject of essentiality of gift deed in favor of my son and/ or partial % of share of co. op. society to my son. What laws say on these matters. If laws & procedures exists Banks & Builer will not hesitate. Thanks for opinion.

Sandbpunekar (Homemaker)     16 April 2016

May I get guidance on subject of essentiality of gift deed in favor of my son and/ or partial % of share of co. op. society to my son. What laws say on these matters. If laws & procedures exists Banks & Builer will not hesitate. Thanks for opinion.

Sandbpunekar (Homemaker)     16 April 2016

May I get guidance on subject of essentiality of gift deed in favor of my son and/ or partial % of share of co. op. society to my son. What laws say on these matters. If laws & procedures exists Banks & Builer will not hesitate. Thanks for opinion.

Sandbpunekar (Homemaker)     16 April 2016

May I get guidance on subject of essentiality of gift deed in favor of my son and/ or partial % of share of co. op. society to my son. What laws say on these matters. If laws & procedures exists Banks & Builer will not hesitate. Thanks for opinion.

Sandbpunekar (Homemaker)     16 April 2016

May I get guidance on subject of essentiality of gift deed in favor of my son and/ or partial % of share of co. op. society to my son. What laws say on these matters. If laws & procedures exists Banks & Builer will not hesitate. Thanks for opinion.

Sandbpunekar (Homemaker)     16 April 2016

May I get guidance on subject of essentiality of gift deed in favor of my son and/ or partial % of share of co. op. society to my son. What laws say on these matters. If laws & procedures exists Banks & Builer will not hesitate. Thanks for opinion.

Sandbpunekar (Homemaker)     16 April 2016

Sorry for repeated same message due to technical problem on mobile.

(Guest)

1) Which agreement you did with Builder . Problem is that when we see cases we come across many cases where parties say they did not sign agreement. So you should be clear which agreement society did , which agreement you did with builder. So your rights are secured. This is most important thing. And this has to be checked first before next query

2) In Maharashtra Stamp Duty was reduced last year for transcation between close relative and in your case it is applicable. On 1 April 2016 (that is few days back) notification was also issued under registration act that registration fee to reduced . So total  Govt. expenses will be less than one thousand only. So you can do registered Gift deed on your son name regarding that separate flat or whatever bank ask for and you can avail loan. Now making Gift deed in Maharashtra to your close relative is very easy , like your case . So before making any deed better you talk with bank people and whatever they say you make Gift deed to your son with local advocate

3) But please be sure regarding point 1 raised in this ans. That documents should be also examined by proper proeprty Advocate 

Sandbpunekar (Homemaker)     17 April 2016

Thanks Madhu,

It is now clear that Gift deed is required in my case at low expenses. What about provision of partial share transfer in the name of son.  I want 1/3 share transfer in one son's favor and 2/3 share in the name of other 2 kids.  Is it possible.  If I do not transfer my share, society  asks Rs.1 lakh towards contribution of sinking fund for making them as new members in the society. Is it possible that partial share is transferred to sons as a division of my property.


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