Gift a lease hold property
rajesh singal
(Querist) 20 November 2012
This query is : Resolved
I have a plot alloted to me by DDA in delhi. The lease deed has been executed in my and my wife's favour from DDA for 99 years. Can i gift this property to my daughter in current state (lease hold)? Else what is other way i can transfer the property to my daughter without getting it freehold/contruct?
I want to avoid freehold to get rid of construction cost of house which i am not in position to spend.
I have heard that supreme court has barred transaction of lease hold property in delhi since oct 2011 and one has to get it converted to freehold before selling it. Does this rule apply to gift property to blood relation (say my daughter)also?
prabhakar singh
(Expert) 20 November 2012
ONLY PROPERTIES OWNED ABSOLUTELY CAN BE TRANSFERRED.A LESSEE IS NOT AN OWNER AND DOES NOT ENJOY THE RIGHT TO GIFT. HOWEVER IF DDA CONSENTS YOU CAN GET THE VERY LEASE TRANSFERRED IN NAME OF YOUR DAUGHTER FOR WHICH YOU ARE ADVISED TO VISIT DDA OFFICE.
Raj Kumar Makkad
(Expert) 21 November 2012
It shall be better to get the services of any local lawyer to whom you may get defined the relevant clauses of your lease-deed, If there is permission for gift only then you can do so otherwise have no legal right to do so but still you can permit your daughter to raise construction therein as the same shall practically belong to her may it be in your name.
