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nayanshobha (none)     03 June 2011

property transfer

My father lives with me out side India for past 16 years.Recently we were in India and he transfered his property on my name by way of gift deed.I paid 2% stamp duty and 1% registration fees.Before leaving India i gave an application to the society to transfer tha share certificate on my name.

Our society belongs to a particular religion and members belong to a particular region of Gujrat. The original agreement has the covenent that flat can not be transfered or sold to any one out side this particular community.I was raised in the same society but married out side that community.Now society is refusing to transfer the flat on my name citing the covenent.

Earlier many years ago my father had nominated his grand son (my nephew) on the form.Can society transfer the flat on his name on my father'd death? Now my father is not in a physical condition to travel to India to sort out the problem.Though i possess the general POA granted to me.

What are my options?



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 1 Replies

prabhakar singh (advocate)     03 June 2011

The covenent cited is bad in law.Ask them to pass an order in writing and thereafter challenge it in court of law.Since due to gift you have become owner of the property just in the life time of your father,his nomination has now goneaway and it can not operate.

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