Legal Corner » General Questions

Is it possible to transfer land without registration through a gift deed?

atoneplace — Sat, 15 Oct 2011 06:27:56 +0000

Question asked by Mr. Anuj from Delhi, India:
My father had purchased two acres of land in Delhi. Now he wants to transfer it to my name. Is it possible to transfer it without registry by registered gift and how much money will be required for the transfer?
Thanks
Anuj
Veena Answers:
We are of the view that the transfer will take effect only if the gift deed is registered. The stamp duty payable is 5% of the market value or the circle value of the property whichever is higher and registration charges are payable at 1% of the market value or the circle value of the property.
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What are the formalities, documentation, cost and procedure to complete the registered transfer through a gift deed?

atoneplace — Fri, 30 Sep 2011 06:24:33 +0000

Question asked by Mr. Saravanan from Bangalore, India:
There is a property in Bangalore which is on my mother’s name, and is mortgaged. I am paying the EMI to the bank. My mother wants to gift the property to me through a gift deed. What are the formalities, documentation, cost and procedure to complete the registered transfer through a gift deed?
Thanks
Saravanan

Veena Answers:
We are of the view that the registration act does not permit conditional gift deed and a transfer has to take place immediately for the gift deed to take effect. Secondly, execution of a gift deed is not possible when there is a charge on the property. Thirdly, the Bank has to issue a No Objection Certificate that they do not have any objection for registration of the gift deed by your mother in your favor.
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Can a gift deed be defended without obliging the person who made it?

atoneplace — Fri, 30 Sep 2011 06:13:37 +0000

Question asked by Ms. Partiben from India:
We are 6 siblings, My aunt has gifted herself acquired property to me through a registered and unconditional Gift Deed 10 years ago in which 2 of my sisters are witness. I have not got the khatas transferred to my name as yet nor am I living in the gifted property. Now my aunt has threatened that she will cancel the Gift Deed unless I pay a certain sum to my other brother and sisters. Please advise how I can defend this Gift without obliging my aunt or other siblings.
Thanks
Partiben

Veena Answers:
To respond to this query, we need information regarding hand over of possession in your favor upon execution of the gift deed. Further, we also require information about who is in possession of the property as on this date. Upon execution and registration of the gift deed, have you rented out the property or your aunt is still in possession of the property. Once we receive the information sought for, we can advise you appropriately on the next course of action.
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Can the car parking space be claimed if the transfer of the same is not specified in the gift deed made for a flat?

atoneplace — Fri, 30 Sep 2011 05:37:07 +0000

Question asked by Mr. Hiten from Mumbai, India:
Hello, I am staying in Cooperative Housing Society in Mumbai. We had purchased two flats namely flat number 101 and 102 during year 1982. One of the flat was purchased in name of my father and other in favour of my uncle. Being joint family, we removed the common wall and made single flat instead of two. The both flats were alloted one open car paking space at the time of purchase from builder. Thus, we have two car parking space in a total. Before few years we bought another two flats namely flat number 301 and 302 in very same building but without car parking. After mutual understanding, we had transfered the flat number 102 in favour of my uncle by way of gift deed. But, no where on gift deed it is specified that parking has been transfered in favour of my uncle along with flat. In such a case, how can I claim our right for car paking space ? Can I simply take declaration from my uncle on plain paper that he has no objection if society is willing to transfer parking space to us or do we need to make any agreement on stamp paper ?
I look forward to receive your quick response.
Thanking you.
Hiten

Veena Answers:
We are of the view that mere declaration on a plain paper is not sufficient but a tripartite agreement between yourself, your uncle and the society to the effect that the car parking space is your sole and absolute property and no one else has any right over the same. The other option available is to execute a release deed between yourself and your uncle wherein your uncle releases all his right, title and interest over the car parking space.
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Can a mortgaged property be registered under gift deed?

atoneplace — Sat, 24 Sep 2011 08:58:31 +0000

Question asked by Mr. Raffic Ahamad from India:
I have 1 acre converted land in Rural Karnataka. I am building a house there. It was mortgaged to a bank. I have paid half amount and released half from the bank. I want register this half to my elder brother with that under construction house. Is this can be registered under gift deed? How much I have to pay stamp duty?
Thanks
Raffic Ahamad
Vatsala Answers:
Yes, you can gift it to your brother for nominal stamp duty and miscellaneous expenses. The stamp duty and registration expense does not depend on market value.
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Can a gifted property be sold without the consent of the donor?

atoneplace — Tue, 03 May 2011 07:23:44 +0000

Question asked from India:
If I get a piece of land through a gift deed, can i sell the property in future with out the consent of the donor?
Thanks
Vatsala Answers:
Yes, you can. Consent of donor is not required. I am presuming the gift is unconditional.
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What would be the procedure to get a gifted property transferred in names of NRIs?

atoneplace — Tue, 03 May 2011 07:18:48 +0000

Question asked by Mr. Ahmed Pasha from USA:
My mother has gifted her apartment to 3 out of 4 siblings in her hand written WILL. All three of us reside abroad. She passed away last year. What would be the procedure to get this property transferred in our names? Is our presence required in India to do this transaction?
Thanks
Ahmed Pasha
Vatsala Answers:
No your presence is not required and you can entrust the job to someone else. You may be required to sign and execute notarized affidavits and fill up the application form, all of which can be done through power of attorney or signed and sent back by courier.
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What is the best possible way to get a transferred property registered in son’s name?

atoneplace — Tue, 03 May 2011 07:11:20 +0000

Question asked by Mr. Arjun from India:
Dear Mam, I am Arjun and my query is that my parents want to transfer property (land with factory, self earned) to me. What is the best possible way to get registered in my name? Will I be taxed?
Thanks
Arjun
Vatsala Answers:
No, you will not be taxed. A registered gift deed will be enough.
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Is will a legal ownership proof?

atoneplace — Tue, 20 Jul 2010 11:52:18 +0000

Question asked by Mr. K.P. Singh from India:
Dear Sir/Madam, Is the GPA + Will is the legal ownership proof & the seller could not claim it ever?
Thanks
K.P. Singh
Vatsala Answers:
No, that is not correct. A general power of attorney is of two types, one is coupled with an agreement to sell (or given for consideration) and the other is given without consideration, often to a friend or relative. The first type is irrevocable, but there are instances of these too being revoked by public notice. A will cannot take effect until the testator dies and is subject to constant revocation and cannot be relied upon at all. After the death of the testator, however, it becomes a legally binding document, whether it is unregistered or registered. More background information is required to answer your question satisfactorily.
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What documents are needed to execute a sales deal of a plot that has been acuquired through GPA?

atoneplace — Wed, 28 Oct 2009 07:42:28 +0000

Question asked by Mr. Mayura B.T from Bangalore, Karnataka:
Dear team, I am from Bangalore having a plot adjacent to Mysore Road (Byatarayanapura, Bangalore -26) which is of 4000 sq. ft. This is a land which was purchased by my father-in-law and later after his death got transferred to my mother-in-law. The GPA has been done by my mother-in-law to my wife. Two years back my mother-in-law expired. Now we want to sell this plot. This plot comes under corporation. Please let me know the documents needed to execute this selling smoothly. The Tax papers and Khata are in the name of my wife. I heard that a family tree and the death certificate of my mother-in-law is required to execute this deal.
Awaiting your valuable revert.
Regards,
Mayura B.T
Vatsala Answers:
After the death of your father-in-law, the property has already devolved equally on all legal heirs, unless he has left a will to the contrary. It is only for the purpose of convenience that your mother in law’s name was transferred in all supporting documents. The power of attorney given by your mother in law to your wife has lapsed after her death. The property will now be equally shared between your wife and her other siblings. If you want to sell, the family tree showing the other siblings will have to be made. Then the Khata should be changed to one of their names. Thereafter the sale should be made by all the siblings jointly. Vatsala
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