Society requiring addition of specific clauses to the gift deed
Ashish Sharma
(Querist) 12 April 2016
This query is : Resolved
Dear All,
Request your expert opinions to my query.
I am in the process of getting a Gift Deed executed for transfer of a flat (in Mumbai) from my aunt (Donor) to my father (Donee). Ours is a complicated cases with old litigations (all of which are now resolved) and missing original documents (as this is a very old property).
As per my understanding the Gift Deed is generally a straight forward agreement of transfer between the two parties. However, the society is requiring addition of all the past litigations and issues that the flat was subjected to. I don't think this is required.
a) Do I need to have these added? Can the society restrict the transfer of the flat at a later stage if these specific recitals are not added?
b) Is there a downside to adding these recitals?
Best regards,
Ashish
P. Venu
(Expert) 13 April 2016
The society is overreaching. Once the gift deed is duly executed, it is a a complete document.
Kumar Doab
(Expert) 13 April 2016
The owner alone can gift.
If in society records ( revenue records) Donor is the clear owner, then society should have no objections.
If the old litigation's have concluded and donor has decreed to be the owner then produce the decree to effect ownership in corresponding records (society/revenue record etc). Or of after the litigation all parties involved may register a family settlement deed and produce it to effect the ownership.
Once it is effected society should have no objections.
Otherwise: Old/missing documents can be reconstructed.
Apparently the society does not want to be party to litigation's and after effects of litigation's Or is not convinced with documents produced to society..............and it wants to keep the onus on you.
Otherwise Expert Mr. P.Venu has already clarified that ' Once the gift deed is duly executed, it is a a complete document.'
Rajendra K Goyal
(Expert) 14 April 2016
Why you abstain to provide all documents?
let the society be satisfied.
