Registration of property
Amish
(Querist) 11 May 2014
This query is : Resolved
We have purchased a flat in Mumbai, Andheri in the names of me, my mother and my brother in 1997 and paid stamp duty as per the agreement but not registered the same. In 2006 my mother gifted it to me and my brother after lump sum consideration gave to my wife as per mutual understanding via gift deed on 500 rs stamp paper which was also not registered. The names on the share certificate also changed in the name of me and my wife.In 2008 under amnesty scheme we registered our 1997 agreement. But 2006 gift deed was not attached to that. Now what is the solution to make 2006 gift deed registered? Is it necessary to get it registered? Please advice.
Anand Bali Adv.
(Expert) 11 May 2014
Dear Friend,
Yes it is mandatory to register a Gift deed pertaining to the immovable property as per the Registration Act 1908 under Sec.17(a)which clearly mentions that the following documents shall be registered if the property to which they relate is.....(a) instrument of Gift to immovable property.
With out the registration of the Gift deed how the share certificate bears the name of your and your wife, brother can be challenged at any step. See the Gift transaction do not require the consideration money in any shape and if it is there it will be treated as sale and not a gift, which please note. You are requested to please send the copies of the documents to see further possibilities of getting it corrected in your favour to avoid any future dispute. The fact lies here that in fact the property is still in the ownership of you and your mother jointly and it can be claimed in this way only on this date.
For further legal assistance on nominal charges, you can contact undersigned on below given phone number.
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Anand Bali, Adv.
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Supreme Court Of India,
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Guest
(Expert) 11 May 2014
Any Un Registered Document is invalid in Transfer of Property.If you are in good relationship with your mother and brother Execute the Registration Amicably.Since it is your mother and brother a Settlement Deed Would be advisable Cost Wise.Contact a Senior Document Writer in Registrar Office with all details.Amicably sorting out would be the best choice.
Rajendra K Goyal
(Expert) 11 May 2014
Agree with the adviseof Expert N.J.S.Rajkumar alias narasimha ji.
ajay sethi
(Expert) 11 May 2014
gift deed ought to be registered inorder to be admissible in evidence . registration has to be done within period of 4 months of execution . further 4 months can be granted on payment of penalty . your mother can now execute Deed of confirmation in your favour and that of your wife
T. Kalaiselvan, Advocate
(Expert) 11 May 2014
I agree with the opinions of the experts on the subject, at the cost of repetition, nothing more to add.
