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Puneet Sethi   29 December 2015

Property Partition and gift

Respected sir, My grand father had bought a property in 1965. He expired in 1974. In 1975, my grandmother had got her name in municipal records through mutation on the basis of an affidavit. She died in 1995. There are three legal hiers of the property. My father, his elder brother and sister. On basis of mutual understanding an MOU was signed in 2015 to the effect that my aunt will not take any share (some money has been paid to her for that and mentioned in MOU). The property will be divided equally amongst two brothers (demarcation not given in MOU). The MOU is not registered. To effect the above, we are applying for mutation in municipal records on the basis of MOU (unregistered), site plan of partition, NOC from the all the parties. The property will be divided among my father and uncle and recorded separately in their individual name. Later on my father will gift his share to me and my brother. The gift deed will be registered lateron. Please advise on the following - A) Will my father be a valid owner on the basis, of the mutation, to gift the property. And whether the gift deed be valid. B) While registering a gift deed what all is checked by the concerned authority. Looking forward for your vauable guidance and support.


 2 Replies

Laxmi Kant Joshi (Advocate )     30 December 2015

Once the property is transferred to your fathers name and the same is registered in the revenue records then he became the owner of that property and get all rights over it, now he can gift you that property or can use as per his wish .

Pavan Hebballi (Legal Consultant)     30 December 2015

Unregistered MOU is not a strong document. I would suggest that you get Partition Deed registered between your father and his brother, only then the subsequent gift deed in your and your brother's favour from your father will be strong. Also get a release deed executed from your father's sister. Only after this procedure get the revenue records updated.


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