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Gift deed

Guest (Querist) 05 March 2017 This query is : Resolved 
Hello Sir/Mam..

I have an query regarding my property rights..There is plot in the name of my father and mother jointly...Now my father is no more..One apartment is built in that plot and each part is divided among my brother and sisters verbally...The promoter who constructed the building has provided us with possession letter individually for each part..Now my query is what more I need to do as per documentation part..Gift deed,mutation .. Registration etc..Please guide..!!
Madhava Rao Gorrepati (Expert) 05 March 2017
since father is no more all his rights stand transferred to his children and widow. It appears the development agreement was entered by your mother alone. See the development agreement. if it is written that your mother is the absolute owner of the plot of land and when the building construction was going on you, children kept quiet. then the developer and your mother have to jointly execute the sale deed in your favour and get it registered.
Ms.Usha Kapoor (Expert) 06 March 2017
Agreed with Madhav RAO G .aDVOCATE'S OPINION.
Dr J C Vashista (Expert) 07 March 2017
How the promoter/builder can hand over possession to the person who did not book the building in his/her name?

Deceased father's share shall devolve upon his LRs.

Mother may gift/sale her share.

Discuss with a local lawyer, your query has incomplete information.
krishna mohan (Expert) 09 March 2017
It appears as JV and developer hands over the owner rights to the legal heirs. Right course would be to register undivided share as a settlement deed or gift deed to have the title of property for the share mutually agreed upon within the legal heirs. Services of able legal expert on property matter will help to give the right legal shape.


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