mukesh jain (advocate) 28 August 2016
mhada flat was gifted to me by my fathers brother[uncle] in south mumbai by gift deed in 2014 which was not registered..at that time the cooperative housing society was not formed.in 2015 my uncle expired.presently the cooperative housing society is formed and issued share certificates in my uncles name.now i want to transfer the said mhada property in my name. pls suggest.registration charges and stamp duty payable .building constructed in 2008.
Kumar Doab (FIN) 28 August 2016
It is believed that you are Hindu.
(Since gift amongst Muslims shall have different connotations).
Kumar Doab (FIN) 28 August 2016
Gift is for immovable property.
Transfer of Property Act, 1882; Section 123:
https://dolr.nic.in/Acts&Rules%5CTransferOfPropertyAct(1882).htm
Transfer how effected
For the purpose of making a gift of immovable property, the transfer must be effected by a registered instrument signed by or on behalf of the donor, and attested by at least two witnesses.
Kumar Doab (FIN) 28 August 2016
You have posted that:
"mhada flat was gifted to me by my fathers brother[uncle] in south mumbai by gift deed in 2014 which was not registered..'
Since gift deed is not registered it is invalid.
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