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Sundeep Jain (Service )     25 November 2010

Preacautions needed while buying property from Gift deed

I am buying a CGHS flat in Delhi. The owner does not want money in her name as the money in flat was taken from her sister. Therefore she is doing a gift deed in favour of her sister and the sister will sell the flat to me. The flat is free hold

Pls suggest what preacautions I should take while buying the falt

 

Sundeep



Learning

 5 Replies

adv. rajeev ( rajoo ) (practicing advocate)     25 November 2010

First it is to be confirmed that who is original owner and how he/she got it.  If possible go thru., the sale deed of the property.  13 years Nil encumbrance certificate.  the most important is before purchasing the property give a paper publication stating that " I am purchasing the property bearing so and so number from one_____.  If any body has got any objections to this contact me or my advocate" 

By the publication your doubts will be cleared.

Nu.Delhi.Law.Fora. (Advocate-on-Record Supreme Court of India)     25 November 2010

Dear Querist,

 

Please check three chains of transfers, if any. Get an inspection done in SRO office of particular juridiction. Repeat the process in Socirty office where said CGHS flat in Delhi situates. Check contents of gift deed which is in favour of sister. And as adviced, give a paper publication of your intended purchase of said property. Plesae also check the records of MCD about its default status, etc.

Nu.Delhi.Law.Fora. (Advocate-on-Record Supreme Court of India)     26 November 2010

Dear Querist,

 

Further to above advices, please also find below a to-do list:

i. Check Allotment Letter/Possession Letter of initial allotment and/or primary Sale deed;

ii. Khata certificate & up-to-date tax paid receipts: Applicable where landowner and developer/promoter are different;

iii. Check Encumbrance Certificate from the sub registrar (SRO Office of the area where property situates);

iv. Check for Approved Plan & Sanction Plan status issued by the MCD;

v. Check NOC as per Income-Tax Act etc. 

vi. Check Occupancy certificate issued to the developer by MCD/DDA;   

SACHIN AGARWAL (ADVOCATE)     26 November 2010

I agree with the opinion ofNu.Delhi.Law.Fora.

daman preet singh (advocate)     14 January 2011

there is no problem in getting the property in gift but care should be taken all the precaution above mentioned must be followed


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