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SUMANTBAWARI (Software Engg)     13 November 2016

Documents required for gift deed - mother to son - mumbai

Hi, My mother bought a property in Mumbai way back in 1982. She now intends to gift me this property via a gift deed. So I would like to know the following:- 1) What all are the documents required for submitting gift deed to the registrar's office? 2) Is there any way to check if the property was registered when it was purchased back in 1982? 3) How does the receiver of the gift actually accept the gift? Is possession of the gift deed enough or does the receiver have to go the SRO and sign on the gift deed along wither the giver of the gift? 4) Do witnesses have to be taken to the SRO office to witness the signing and registration? Regards, AB


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 9 Replies

Ms.Usha Kapoor (CEO)     13 November 2016

AS far as  your  mother's title to the property is conccerned you take antecedent  sale deeds fo r12 years + nil ECs for 12 years till 1982. Once your mother's titile is perfect now you take Nil encumbrance certificates from 1982 tillnow and get it executed  stamped gift deed is registered in registrar' office. For the reigistrar's office you take your mother and two witnesses and both ofyou affix your signatures, you and you mother to the stamped gift deed AND THE  WITNESSES ALSO PU THEIR SIGFNAURES.yOU AND YOUR MOTHER SIGN AND COUNTERSIGN THE RIEGISTERED Gift Deed.WITH THIS TRANSFER OF PROPERTY THROUGH REGISTERED GIFT DEED FROM MOTHER TO SON IS OVER.If you appreciate this answer please convey forum  thanks b y clicking the  forum thanks.

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Dr J C Vashista (Advocate)     13 November 2016

Checking of antecedents of the property can be done by inspecting records of area Sub-Registrar. If your mother has a marketable title of the property she may execute a Gift Deed in your favour and get it registered with Sub-Registrar in presence of two witnesses.

You may seek help of a local lawyer for proper drafting, presentation and registeration of the Gift Deed. 

On acceptance (signing the deed) donee  shall become titleholder.

Kumar Doab (FIN)     13 November 2016

Expert Dr.J.C.Vashista has explained.

Your able counsel can draft the deed and guide you further.

 

SHARAD CHANDRA DANEJ (Asstt. Manager)     13 November 2016

Your mother can gift the property to you. Documents required

1. The present title deed

2.  Share Certificate

3.  Electricity Bill

4.  Maintenance bill

5.  Occupation and commencement certificate

6.  allotment letter.

You can contact a lawyer who deals in property or any agent who does such property deals.

If you like this answer, please click on thumbs up button just below my profile.

 

 

Laxmi Kant Joshi (Advocate )     13 November 2016

If the property is in your mother's name ,title is clear ,property is in the possession of your mother ,acceptance of donee is there then contact an able lawyer of your area he will draft you a gift deed on requisite stamp paper and present and registration them in the sub registrar office of your jurisdictional area ,bring two witness with their Id proof with them .

P. Venu (Advocate)     13 November 2016

Why you are so much bothered when your mother giving you the property in gift?

Kumar Doab (FIN)     13 November 2016

Local counsel can help you.

SUMANTBAWARI (Software Engg)     15 November 2016

Thank you everyone for your replies. Ms.Usha Kapoor, could you tell me what is meant by antecedent  sale deeds fo r12 years + nil ECs for 12 years.

Since my mother bought the flat directly from the builder, she has the agreement copy and the share certificate for the flat. Also how does one obtain an EC?

Ms.Usha Kapoor (CEO)     15 November 2016

Yoou can obtain ECs from Sub Registrar's Office.


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