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nayanshobha (none)     13 March 2011

gift deed without mutation

My father lives with me for past 15 years in London..My brother has never looked after him.He has a flat in Mumbai.He has made a will in my favour in respect of the flat and cash deposites in his favour.Now he wants to do the gift deed in respect of the flat as my brother has started to livr there inspite he has his own flat nearby.The problem is my father doesn't wat him to know about the gift deed.He is very old and can't face him.The question 

Can gift deed be registred but title deed in the society remains on my father's name till he is alive without anyone knowing about the gift deed?

On death of my father can society transfer on his name?He is name was put as nomenee long time ago?

Gift deed along with my father's will ,can make my case strong.

The big problem is the society was formed for a particular community.Where flat owners can not sale the property to any one outside the community.I am married outside the community.Can my father leave it to me in heritance or pass it to me as a gift?

Thanks if some can throw light.



Learning

 3 Replies


(Guest)

if you want that the flat should be transferred into your name than you ca make a release deed, power of attorney or gift deed or will but all these must be registered with the marginal witnesses and the same must be entered in the revenue record or the record municipal committee. if you want to transfer tha flat during the life time of your father make a release deed or power of attorney.

1 Like

adv. rajeev ( rajoo ) (practicing advocate)     13 March 2011

I agree with Sachdev

1 Like

nayanshobha (none)     15 March 2011

How does POA make me an owner?I understand POA ceases with the death and flat will be transfered to nominee.Does POA allows to remove the name of the nominee?

what is release deed and how would it help ?

Wht are the documents required for gift deed or release deed?

Thanks 


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