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Shraddha Sharma (Executive assistant)     07 December 2011

Gift deed querry

My grand father wants to make a gift deed to me for his property (House)as my father met with an accident and he is no more. but the only problem is one of my real uncle's wife is opposing and wants a contribution from that property, my uncle is also no more and she has never kept a relation with my family not with my grand father at all, so my grand father is not at all willing to give her anything. and my uncle has left many properties and a big Flat for her on her name,..she is happily living with her children but she just want us to get in trouble. nobody from the family is opposing for this gift deed, my question is if being in this situation too if my grand father makes a gift deed, will ther ebe any problem to me or him or will it affect to my gift deed..???


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 7 Replies

Advocate Vishnu (Advocate)     07 December 2011

shraddha,

How was the property acquired by your grandfather( own earnings or inherited )..?

Shraddha Sharma (Executive assistant)     07 December 2011

it's a mhada property 30 meter room, we ar estaying here since past 30 years, but i just paid the full Mhada loan and did the stamp duty registration on my Grand father's name, now the property is owned by my grand father solely.

nakul (advocate)     07 December 2011

If it is registered already , you can get the Gift deed made and registered in your Name , based on the same you can transfer all record in your name . Now being the property owned by your grand Pa , she cannot claim the same if your grandpa in his presence transfers it to you .. All the very best and no need to be scared of that aunty.

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Shraddha Sharma (Executive assistant)     07 December 2011

Thank you so very much Mr Nakul... I am really thankful to you for your advise... one more problem is there that the society is not giving the NOC and share certificate.. they are just giving us dates and postponing the matter... could we do something against this... and do they have any rights of doing this... I mean we go almost everyday but they are really jealous of me that i m getting the property so easily ... and they just want to make my things delay... pls tell me I look forward to your reply.....

Adv. K.S.A.Narasimha Rao (legalquestadvisor@gmail.com )     09 December 2011

Dear Shraddha,

You can give a legal notice to the Society Members through a counsel for immediate issue of NOC otherwise you forced to go for legal proceedings.

Even after issue of legal notice, if they dont comply immediately file a case against the society members for not issuing the NOC before the Registrar of Society of your concerned area.

Shraddha Sharma (Executive assistant)     09 December 2011

thanks for the advise Adv Rao...
also for share certificate can we do the same???

Adv. K.S.A.Narasimha Rao (legalquestadvisor@gmail.com )     09 December 2011

Dear Shraddha 

Yes, you can do the same


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