Is sale deed required for gift deed?

Querist : Anonymous (Querist) 01 November 2009 This query is : Resolved
I have a flat in a building in my single name in Pune Muncipal corporation area, Maharashtra. I want to gift it to my sister by executing gift deed.

I purchased the flat from builder after executing and registering agreement to sale. I have got possession of flat in 2006. Local electricity bill (MSEB) for the flat comes in my name. Also property tax bill from Pune Muncipality comes in my name. But Builder has noy yet executed sale deed and also he has not formed any apartment or society for the building.

Is it possible to execute gift deed given that there is no sale deed and no apartment formation?

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niranjan (Expert) 01 November 2009
Until and unless you have title, neither you can sell it or gift it.So beter get title or file suit against the builder to exec ute sale deed in your favour.

adv. rajeev ( rajoo ) (Expert) 01 November 2009
while regn., of gift deed sub registrar may ask for the property extract to verify the tittle of the person who wants to gift.
Still property is not in your name so without the tittle u cannot execute the gift deed.
Issue notice to the builder by giving 15 days time to exeucte the sale deed in your favour and if he failed then file a suit for specific performance of contract.

Sachin Bhatia (Expert) 01 November 2009
Yes sale deed is very much required for gift deed.

Raj Kumar Makkad (Expert) 01 November 2009
You can make gift deed of the flat mentioning all the facts of he title in it. What so ever rights are available to you on the date of the gift can be transferred and it can also be written therein that in future the donee shall get the right to have sale deed executed in her favour from the buildor so there is no hurdle to get executed gift deed at this juncture on the basis of allotment letter supported with all other record mentioned by you.

Querist : Anonymous (Querist) 01 November 2009
Thank you all for very quick answers.

But I have a doubt. From what I have seen in general, flat can be sold to third person after obtaining NOC from builder (or making him party in new agreement). Builder is ready for NOC etc. Is the case of gifting flat different from selling flat?

Vineet (Expert) 07 November 2009
I agree with Makkad Sir.

What you are gifting is your right in the said property. you can obtain an NOC and undertaking from the builder which can be mentioned in the gift deed.

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