Legal Corner » Transfer

Does one needs to register the gift deed at the Indian Court and then transfer the property to another person’s name?

atoneplace — Mon, 28 Nov 2011 06:41:16 +0000

Question asked by Mr. Vijay from USA:
My daughter and I are both US citizens applying for PIO and live in USA. I want to gift a flat situated in Gurgaon, India to her. Do I need to go to Indian consulate for advice? Or as US nationals we follow the rule of law as in USA. What happens in India, do I get the registry of the gift done at the Indian court and transfer the property to her name.
Kindly guide me regarding the procedure.
Thanks
Vijay
Veena Answers:
We are of the view that a non resident indian or a foreign national but who has acquired the status of being a person of indian origin can gift residential / commercial property to the following persons:
(i) Person resident in India or
(ii) an NRI or
(iii) PIO.
In your case, the gift deed can be executed only upon you and your daughter acquiring the PIO status. However, a foreign national of non-Indian origin is required to obtain the prior approval of the Reserve Bank for gifting the residential / commercial property.
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What are the formalities for getting a reserve plot handover from a land owner to the local body?

atoneplace — Sat, 05 Nov 2011 07:09:45 +0000

Question asked by Mr. G.Krishnamoorthi from India:
We are around 50 people who purchased plots (Individual Plots i.e. 3 cents 5.5 cents like) from a Land owner in 1987. The land owner provided a Place for Park & Cps some portion in the total plots. He got it approved from DTP approval in 1987 DTP No 135/87. Based the DTP Plan we have constructed house. The Land owner has not handover the reserve site to the local body called Panchayat. Now the reserve site was occupied by some body. The land owner denied to handover the reserve site with local body. Can we (Plot owners) hand over the reserve site with Panchayat. What are formalities? Kindly let me know the formalities.
Thanks
G.Krishnamoorthi
Veena Answers:
We are of the view that all the plot owners should form an association and demand the land owner to hand over the reserve plot to the local body. In case the land owner fails to adhere to the demand/claim, the Association should initiate legal action against the land owner.
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Will a property that is in the name of grandfather would be equally shared among all alive family members?

atoneplace — Tue, 18 Oct 2011 06:51:04 +0000

Question asked by Mr. Raj from India:
My mother has 3 younger brothers. My Grand Father expired without writing a will. Grand mother is alive. Now the property which is in my grandfather’s name should be equally shared among all the 5? We are born and brought up as a Christian.
Thanks
Raj
Veena Answers:
We are of the view that the property owned by your grandfather shall devolve firstly upon your grandmother who is entitled to get 1/3rd share and the remaining 2/3rd share devolves upon the other surviving legal heirs.
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Does will made by mother carry weigh for ancestral property?

atoneplace — Tue, 18 Oct 2011 06:45:24 +0000

Question asked by Mr. S.M. Goel from India:
In case the property has been acquired by the mother out of her own earnings or inherited from her parents or in through functions meant only for women, then does the will of mother carry weigh or father or his will has no role to play. In the absence of will all surviving children & legal dependants will have the share.
Thanks
S.M. Goel
Veena Answers:
We are of the view that if the property is the self acquired property of the mother, she alone possesses the right to give away her property to anyone she desires. In the absence of a will, the property will devolve upon all her legal heirs.
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How does the law of succession apply to a property if the will for the same is not in place?

atoneplace — Sat, 15 Oct 2011 08:30:55 +0000

Question asked by Mr. Sunny from India:
We are 2 sisters and 1 brother. Father died without writing a will in his wife’s, son’s or daughter’s name so ideally all 4 of them inherit equal share. Post few years even the Wife died but left legal note that son can inherit her share. So now we have the following questions:
1. Does the Son now has 2 shares in property?
2. Does law applicability changes if you are Sikh family?
3. What happens when eventually the Brother & both the sisters also die? How will that property then get passed on?
Thanks
Sunny
Veena Answers:
1. No, the son does not have two shares because upon the death of the mother, the property devolves upon all the family members as per the law of succession.
2. No, the law applicability doesn’t changes for a Sikh family.
3. The property will devolve upon the legal heirs of the brother and both the sisters.
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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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Can a property be sold again on the basis of general power of attorney?

atoneplace — Mon, 03 Oct 2011 11:09:51 +0000

Question asked by Mr. Vivekanand Rao from Bangalore, India:
Hi Veena, We had over half an acre of land between Yelahanka and Devanahalli which was sold to a big developer 10 years back. The paani is still under my father’s name and the conversion that they did is also under my father’s name. They had taken GPA for the land and this was more than 10 years back. Now the developer plans to sell the land to another party. Will he be able to do it without our consent? And what is our liability since all papers are under my father’s name (It was only the GPAs that was given). And also can I claim some compensation in case they seek our consent; the prices now are nowhere near what it was more than a decade back.
Thanks
Vivekanand Rao
Veena Answers:
We need to know if the power of attorney was registered or merely notarized. In the event the power of attorney is merely notarized, it would be advisable to execute a revocation deed revoking the powers granted under the GPA and also publish a newspaper notice informing the general public that the GPA executed by your father in favor of the attorney has been revoked and if any one transacts with the attorney on the basis of the GPA they will be doing so at their own risk and you shall not be liable for any consequences. In case they seek your consent, you can certainly negotiate and ask for compensation towards giving up your rights on the property.
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What is the procedure for acquiring the appropriate documents related to a plot if there is no will made for it?

atoneplace — Mon, 03 Oct 2011 09:50:52 +0000

Question asked by Mr. Thejus from Bangalore, India:
Hi , My name is Thejus and I have a friend who has a 4000 Sq ft land in a popular location in Bangalore. This plot was bought by his father from a rural landlord in the 1960’s. They have got a Mutual registration done after 12 yrs. The seller and the buyer have both expired now and my friend is in possession of the land which is vacant. There are about 6 other plots in the same layout which are vacant as well. My friend wants to sell this Land now and the only documents he has is the original sale deed agreement done in the 1960s and the latest encumbrance certificate which still says his father is the absolute owner of the land. We need to know what is the procedure for acquiring the appropriate documents.
Thanks
Thejus

Veena Answers:
We are of the view that the property of a male devolves upon his first class legal heirs namely spouse and children. In the event the property is still agricultural land, you need to go to the tahsildar and submit an application seeking mutation of khata in your name. Along with the said application, you need to submit a copy of the sale deed, death certificate of your father and no objection from your brothers and sisters if any and also your mother. In the event the property is situate within the limits of the Municipal Authority namely the Bruhat Bangalore Mahanagara Palike, then betterment charges need to be paid and a khata needs to be obtained in the name of your friend. Upon obtaining khata, he also needs to pay up to date taxes. Thereafter, the property can be conveyed to any third party.
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Is it legally possible for a NRI to sign the transfer form or power of attorney with the copy of the house document at the Indian Embassy?

atoneplace — Sat, 01 Oct 2011 06:24:10 +0000

Question asked by Ms. Jini William from Melbourne, Australia:
Hi, good day. I and my husband have resolved our Indian property disputes in court in Melbourne. My husband is going to sell one land in India and send me my share through bank. Our joint property of two bed apartment will have to be transfer on my husband’s name. Without both of us going to India, can we go to Indian Embassy in Melbourne and sign the transfer form or power of attorney with the copy of the house document? Is this is possible?
Thanks
Jini William

Veena Answers:
We are of the view that this is not possible and the parties have to come to India to execute the necessary release deed and register the same before the jurisdictional sub registrar in India.
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Whether it requires to make dastavej in favor of a buyer from developer or one can directly sale a co-operative society flat?

atoneplace — Sat, 01 Oct 2011 05:49:33 +0000

Question asked by Mr. Kirtikumar Parekh from Mumbai, India:
Dear Mam, We are holding a flat in Mumbai in co-operative society from: 1992 on allotment basis: Developers have made agreement with us & also co-operative society has issued share certificates in favor of us. i.e.: on allotment basis. So now reply whether it requires making dastavej in favor of us from developer or we can directly sale it to other parties while making dastavej in favor of party? Please reply me soon.
Thanks
Kirtikumar Parekh

Veena Answers:
A transfer deed can be executed and registered before the sub registrar by annexing the share certificate. Thereafter, the society will give effect to the change in ownership and issue a share certificate in the name of the purchaser.
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