Criminal Trident Pack: IPC, CrPC and IEA by Sr. Adv. G.S Shukla and Adv. Raghav Arora
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Jital Shah   05 April 2022

Gift deed charges and donation

We are real brother earlier held equal share in property and now he has gifted me his share making me full owner of property by gift deed

Society committee are asking for donation of 7500

Inspire of telling them that is is not as per by-laws

They state that it was passed in resolution 

Resolution copy not signed by committee members only society stamp is there

Please guide what to do



Learning

 2 Replies

Aashish Chimnani   05 April 2022

A Gift Deed is a document that records the act of giving a gift and is executed between the donor (the person giving the gift) and the donee (the person receiving the gift). That shows the donor’s love and affection towards the donee. The stamp duty on a gift deed is 1% to 3%.

There is no bar on any member to pay a donation to the society, but it should be voluntary,” said Justice Bhatkar. The judge remarked housing societies were known to charge extra from members.

In a setback to housing societies that get members to make a ‘voluntary donation’ at the time of sale of a flat, the Bombay high court has ruled such payments are illegal. 

For any registration document, only a stamp is not enough authorized signature is mandatory otherwise that agreement is considered void itself.

Hence, As per the law, the donee is not liable to pay any kind of donation.

 

Jital Shah   06 April 2022

but they say it has been mentioned in the society resolution copy 

i saw the copy it has stamp however no signature of the committee members

so what shd i do

is there any application need to given to society


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