LCI Learning
Master the Basics of Legal Drafting in All Courts. Register Now!

Share on Facebook

Share on Twitter

Share on LinkedIn

Share on Email

Share More

Rahim   23 January 2025

Gift deed property under redevelopment

Hi,

My mummy owned the property from starting and we are 4 brothers and sister, mummy lives with me only so she had registered gift deed me and wife our home, due to dilapilated building trasfer were stopped by the cidco so we did not resume the transfer, now  the property has gone to redevelopment and builder is registering the PAAA, 

can you suggest me what needs to be done , should i register in my and wife name or have to resume with mummy name as this was not trnsfered before redevelopment.



 12 Replies

T. Kalaiselvan, Advocate (Advocate)     23 January 2025

Now as the property is going for redevelopment it is better you wait for the completion of construction in the redevelopment process to transfer the property by a registered gift deed on your name and your wife's name. 

Rahim   24 January 2025

Thanks for the valuable reply, point taken need to transfer in the name after construction, but what about PAAA registration? Builder is asking everyone to register now , to whom name should I register the same ? 

Dr. J C Vashista (Advocate )     24 January 2025

What do you mean from the term "PAAA" mentioned by you ?

1 Like

Rahim   24 January 2025

PAAA stands for Permanent Alternate Accommodation Agreement. It is a contract between a developer and a housing society member or other occupant whose home is being redeveloped. The agreement establishes the title of a new flat for the existing member.

T. Kalaiselvan, Advocate (Advocate)     24 January 2025

The PAAA is to be entered between the builder and the title holder.

After completion of construction the title holder can transfer the property to anyone of her choice.

1 Like

Rahim   24 January 2025

Thanks for your valuable reply sir, but I have a registered gift deed for me and my wife , before redevelopment, so can I be the title holder to transfer the property in my our name, or have to wait till the development is been completed.

T. Kalaiselvan, Advocate (Advocate)     24 January 2025

If the transfer of property by the gift deed was stopped then you don't have title to the property.

However you can clarify the doubts through a local lawyer or from the builder itself 

1 Like

P. Venu (Advocate)     24 January 2025

"trasfer were stopped by the cidco so we did not resume the transfer" How and why?


Rahim   24 January 2025

Our building went under redevelopment for around 10 years, we were waiting for CC for 10 years, since CC didnt came so Cidco has dilapilated our building stating no tranfer / sale / mordgare would be done unless builder brings the CC (commensement cerificate ) and start the work, so I was not able to resume my transfer from cidco since Gift deed was done.

So was awaiting for CC and CC came in May 2024, and our work is in progress now and reach the status for PAAA , so was confused to what to do in this stage , should I present myself and wife for PAAA registration or let Mmummy be resume with PAAA registration.

 

T. Kalaiselvan, Advocate (Advocate)     24 January 2025

If you have a registered gift deed then you and your wife are the owners of the property which is now undergoing redevelopment hence it is you and your wife who are to sign the PAAA with the developer and not your mother.

Your mother is not a owner anymore as she had duly transferred her rights in the property by executing a registered gift deed.

The restraint order by CIDCO  was for the reason which you have narrated only in your latest post, hence that will not impact your ownership to the property.

You may contact the developer and get the agreement signed 

1 Like

Dr. J C Vashista (Advocate )     26 January 2025

The facts posted are still vague and not clear.

It is advisable to consult and engage a local prudent lawyer for proper appreciation of facts/ documents, professional advise and necessary proceeding.

1 Like

P. Venu (Advocate)     26 January 2025

Yes, once the conveyance is registered, it is final and binding on everyone. CIDCO is not a aw making body.

1 Like

Leave a reply

Your are not logged in . Please login to post replies

Click here to Login / Register