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Shruti Chakrabarty   04 December 2023

Gift deed v/s original deed

Hi,

My father-in-law has a property in South kolkata. Unfortunately, the original deed somehow has been lost. The entire property was given to a promoter and he built apartment style house and each flat was given to each of the four brothers. 

Now, my father-in-law wants to sell his portion (i.e flat), however, since the deed is lost, a GC needs to be filed. The rest of the brothers are not agreeing to sign the GC. I want to know whether there is any alternative solution to this or if my father-in-law gifts it to my husband, can any buyer use the gift deed to submit it in bank and get an approved loan to buy the house(can this be a viable alternative under property law in kolkata).

 

 

 

 



Learning

 1 Replies

T. Kalaiselvan, Advocate (Advocate)     07 December 2023

The original title deed is an essential document for transferring the immovable property in favor of another person by whatever mode i.e., sale deed or gift deed or settlement deed.

Therefore the bank also will insist on the original deed, then you may have to produce the lost original deed. 

What will you do then?

Better follow the procedures for obtaining the certified copy of the original registered docuemnt as per process of law.


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