Intellectual Property Rights: Practice and Drafting by Adv Gautam Matani. Register Now!
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KV (A)     01 November 2009

Is sale deed required for gift deed of a flat?

I have a flat in a building in Pune muncipal corporation area, Maharashtra. I want to gift it to my sister by executing gift deed.

I purchased the flat from a builder after executing and registering agreemtnt for sale (at that time building was in construction stage). Now I have got possession of flat. Local electricy bill (MSEB0 for the flat comes in my name. Property tax bill from Pune Muncipal corporation comes in my name. But builder has not yet executed sale deed and also he has not formed any apartment or co-op society for the building.

Is it possible to execute gift deed given that there is no sale deed and no apartment formation?


 6 Replies

Suchitra. S (Advocate)     01 November 2009

Sir, you have to execute sale deed and then you can gift the apartment. Without having a proper title over the property , how can you gift it? To gift something, the existance of right over the property is essential.

1 Like

adv. rajeev ( rajoo ) (practicing advocate)     01 November 2009

First you will have to get executed the sale deed then u can gift it.  While registering the sale deed registrar will verify the propetry extract.

1 Like

Sachin Bhatia (Advocate)     01 November 2009

Yes sale deed is very much required for gift deed.

1 Like

KV (A)     01 November 2009

Thank you all for very quick answers.

But I have a doubt. From what I have seen in general, flat can be sold to third person after obtaining NOC from builder (or making him party in new agreement). Builder is ready for NOC etc. Is the case of gifting flat different from  selling flat?

Raj Kumar Makkad (Adv P & H High Court Chandigarh)     01 November 2009

you can gift by obtaining allotmentl etter and NOC from builder.

1 Like

Darshan Sharma (Lawyer-cum-detective)     03 November 2009

Without title deed the gift deed will lack the limb of law and and such a gift deed can create problems later.

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