Pavas Bhatia 04 July 2024

Dda gift deed issue

My father had purchased a DDA property on GPA/SPA from an original allottee. He also subsequently converted it to freehold. To save double registration, he recently executed and registered a gift deed in my name directly from his SPA. I am concerned if I would be able to sell this property in future? How can this paperwork lacuna be corrected?

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T. Kalaiselvan, Advocate (Advocate) 05 July 2024

Whether the principal who gave GPA to your father was alive at the time when your father transferred this property to your name by a registered gift deed? Whether there was a recital in the GPA deed authorizing the power agent to transfer the property by gift deed to a third party? If yes is the answer for both the above questions then you can ask the principal to execute a ratification deed to ratify this transaction which will allow you to enjoy the property with clear and marketable title.

Pavas Bhatia 05 July 2024

The GPA did have a recital for selling/renting the property but did not have one for gifting. The GPA/SPA was executed in 1998 so I am not sure if we have the contact of the Principal currently. What are the legal options for us?