Gift Deed - Share Trasnfer Gift Deed - Share Trasnfer

5 years ago

This query is regarding execution of Gift Deeds.
We are staying in co-operative housing society in Mumbai. Owns one residential flat in that Society for the last more than 46 years. Flat was jointly held by my Aunty (50%), My father (30%) and Myself (20%).
My Aunty and father are 80+ age and staying with me for the last 46 years.

Now, query is;
1) My Aunty who is elder than my father, gifted her share of 50% to my Father thru Gift Deed, which registered on 29th Aug 2018, using proper stamp paper, with Registrar of Borivali, Mumbai,
2) After that on very next day My Father gifted his complete share of 80% to me (only Son) thru Gift Deed, duly stamped duty paid & got registered on 30th Aug 2018, with The Registrar of Borivali, Mumbai.
3) Now I hold complete 100% shares (80% share of Gift + 20% my own share in flat)
4) There was no time to give effect Of the transfer of names from Donors to Donee, share certificate issued by the Society, since, the 1st Gift deed executed on 29th Aug 2018 and 2nd Gift deed executed on on very next day, i.e. on 30th Aug 2018.
Office bearer of the Society has refused to give effect of the aforesaid transfer in their records, as they are suggesting that execution transfer effect of 2nd Gift Deed can only be done after giving proper transfer effect of 1st Gift Deed in the Society records..
Please do suggest & advice on legality of giving transfer effect in the society record to get legal title on my name...


Thanks & Regards,

ROBERT D ROZARIO

Responded 5 years ago

A.Contact a local lawyer from Vidhikarya for proper review of the bye-law and serving a legal notice.
Helpful
Helpful
Share

Post Your Matter Post Your Matter

Talk to a Lawyer Talk to a Lawyer

Ask a question Ask a question

Vidhi Samaadhaan Vidhi Samaadhaan

Deepak Yashwantrao Bade

Responded 5 years ago

A.Dear client you can go through any local property lawyer for filing suit against society.
Helpful
Helpful
Share

Post Your Matter Post Your Matter

Talk to a Lawyer Talk to a Lawyer

Ask a question Ask a question

Vidhi Samaadhaan Vidhi Samaadhaan

Abhimanyu Shandilya

Responded 5 years ago

View All Answers
A.Society is not above the law and the Sub-registrar's legal powers and authorities. If the registrar can the legal system can give effect to such kind of transfer of property then it refusing to give effect by the Society in their records appears laughable and they certainly are acting beyond their capacity. Let them follow the procedure two times for the transfer and create records and in case it involves any kind of cost then you should bear that cost. If the Society is not going ahead with that then move the court.
Helpful
Helpful
Share

Post Your Matter Post Your Matter

Talk to a Lawyer Talk to a Lawyer

Ask a question Ask a question

Vidhi Samaadhaan Vidhi Samaadhaan

Read Related Answers

question iconProperty documents
Dear Sir, It is not safe to give your originals to any broker. Thereafter, they may blackmail you.
question iconRight over mother's ancestral property
Dear Sir, You have no rights over ancestral property of your mother during her lifetime since it is her exclusive Streedhana. She may execute a Will or alienate the property as she may wish.
question iconTransfer of property to wife after demise of husband
Dear Client, According to the law of inheritance, on the death of a person, his legal heirs have a right to inherit the property. So, in this case, the mother and children being the legal heirs of th...
question iconPath to reach home
Dear Client, you can send a legal notice to the party for criminal trespass of the land and you can also file a police complaint criminal intimidation Or file a civil case against him and get an orde...
question iconProperty disputes
Dear Client, Commercial activities in residential areas are impermissible under the law. In the given scenario, serving a legal notice to the owner of the residential house file a mass complaint to...