Gift of unregistered property
mbhat
(Querist) 17 December 2016
This query is : Resolved
My father, mother and I jointly bought a row house in 2000. Stamp duty was paid but the agreement was not registered. The previous owner and the 1st owner had also not registered their agreements which date back to 1995 and 1985 respectively though stamp duties have been paid.
My mother passed away in 2009 and the society has transferred her share to my father and me as sole legal heirs. My father and I now own 50% each.
My father wants to gift me his 50% share but the registrar is not willing to register the gift deed. He says that our purchase agreement and the previous agreements are not registered and the society has not received conveyance yet.
Please advise how I can register the gift deed.
kavksatyanarayana
(Expert) 17 December 2016
Without registration of sale deed you have no right to execute a document. As per your query, you have paid the stamp duty on Agreement only but on sale and the sale is not registered. next where is the property situated?
adv.bharat @ PUNE
(Expert) 18 December 2016
Author need to explain the query raised by expert.
adv.bharat @ PUNE
(Expert) 18 December 2016
To make gift deed u need to prove your legal ownership and liability cleared from your side.
Unregistered document not prove that you are legal owner of that property.
P. Venu
(Expert) 18 December 2016
The facts stated are less than convincing.
Rajendra K Goyal
(Expert) 18 December 2016
Without referring related documents / knowing full details / material facts nothing can be advised. Discuss with local lawyer.
Kumar Doab
(Expert) 18 December 2016
Owner alone can gift.
Your local counsel may examine all docs and may opine that Registrar is right.
Or may convince per valid docs, if any.
Or show you the way out.
Kumar Doab
(Expert) 18 December 2016
Thanks for agreeing Mr.Malipeddi Jaggarao.
Dr J C Vashista
(Expert) 18 December 2016
What is the basis of calling your father, mother and yourself as "owner" of the flat. The title of flat has not yet been transferred in the name of you or your father as there is "no sale deed" but it is on "agreement to sell" by the chain of previous occupants.
Payment of stamp duty do not confer any title.
Society can not transfer the share in the name of your mother (since deceased) since she had not got any sale deed executed/ registered, if transferred, it is illegal and invalid.
Consult a local lawyer with documents referred by you in your query.
Rajendra K Goyal
(Expert) 19 December 2016
In the given facts agree with the expert Dr J C Vashista
Kumar Doab
(Expert) 19 December 2016
The conclusion to your query by all is that you may approach local counsel specializing in such/property matters with copies of all docs on record for a considered opinion.
Dr J C Vashista
(Expert) 20 December 2016
Thank you Mr. Rajendra K Goyal for agreeing with my opinion.
Hemant Agarwal
(Expert) 20 December 2016
1. Arrange all the Chain of Agreements and follow it up for unilateral Adjudication with the Registrar of Sub-Assurances and regularize the "Chain of Agreements" by arranging for the relevant stamp duty and late registration fees /penalty.
2. IF the Registrar does so (which he would do so), THEN the Conveyance Title would be perfected for all future legal transactions.
Keep Smiling .... Hemant Agarwal
VISIT: http://www.maharashtra-society-help-forum.com
Kumar Doab
(Expert) 20 December 2016
Explore the option suggested by Mr. Hemant Agarwal.
