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Alok Halarnkar   05 April 2018

Property gift deed share transfer process co-op housing society and House Tax certificate transfer with panchayat

NOTE:

My short term goal is to resolve my problem,

but i would like to make this message a step by step guide for readers with the help of elite members.

 

Respected Sirs / Mams,

I am from goa  reciding in a co-op housing society.

My mother(she is alive, and with my father permission)has gifted me (adult and the only child) a flat (self acquired) by registered gift deed (stamp duty paid on ready reckoner vallue at the time of gift)(jantri value in goa).

I have following documets with me.

1) Registered gift deed


2) Original share certficate in the name of my mother.

3) society's NOCs and NO DUE CERTIFICATES (for my mother and for me when gift deed executed).

 4) and two more sale deed which is happen with builder 2 my existing owner and existing owner to my parents 

My question is :

What is the process of share transfer and House Tax certificate transfer the above case can society and panchayat ask me a premium for share certificate transfer rs 20000 + 250 and panchayat is asking me 10000 rupees for transferring a House Tax certificate.

Panchayat and Society Chaman firmly believes that his view is write and believes that gift deed should be treated as sell deed and premium must be paid.

What we understand is, gift deed is a must and enforced by law and it is a family transfer hence no premium should be paid.

kindly guide me on this issue.

Kindly also tell me,



What is the exact procedure and what proof should i collect from society and panchayat while transfer process is on going?


Learning

 2 Replies

R.Ramachandran (Advocate)     06 April 2018

Certain misconceptions of yours needs to be cleared.

1. Unlike the case of WILL (which takes effect after the death of the person making the WILL), Gift is a transfer between two living persons.  Property that passes on from one person to another through WILL is not a Transfer.  Whereas GIFT is a transfer of property from one person to another.  What differentiates a GIFT and normal Sale/Conveyance is that in the case of Sale/Conveyance it is accompanied by Consideration, whereas in the case of GIFT consideration is absent.

2. Gift can happen within family or outside family.  Therefore, just because in your case it happened within the family (between mother and son) would not in any way take away alter the situation.

3. Unless the GIFT is treated in the same way as equivalent to Conveyance/Sale, you would not have had the need to pay the Stamp Duty as applicable in the case of Conveyance/Sale.

4. Therefore, it is correct to say that Gift Deed is indeed akin to a sale deed without consideration.

5. Therefore, if according to the existing Rules, premium is required to paid to the Society/Panchayat in case of Conveyance/Sale, then you may have to pay the same in case of the GIFT mentioned by you.

Yusuf Rampurawala   06 April 2018

no transfer fee is payable to society if transfer is between family members. as regards panchayat demand, you can ask them under which provision of law they are making that demand.


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