Gift deed

This query is : Resolved

Querist : Anonymous

Querist : Anonymous (Querist)

03 June 2012 Respected Sir/Madam

We are resident of Mumbai and we have a house in malad west.

our house went into re-development and we had made an agreement(on my grand mom name) with the builder for the new house in consideration of our old house.

Unfortunately the builder turned bad and dint stand by the said agreement i.e he has not given us the new flat on the basis of agreement and when he called us to sign the new agreement for registering the said given flat on our name we denied to signed and currently we are fighting a legal battle against the builder

the old agreement was made on my grand moms name and she is very ill and we want to transfer the rights,title of the said property on my fathers name and we have got the possession of the flat

so can you guide me which instrument can be proved effective to transfer the property's right and title on my fathers name when the said property is duly not registered on my grand mom name as we are fighting a case in the court of law.

awaiting for your valuable feedback

Querist : Anonymous

Querist : Anonymous (Querist)

03 June 2012 can we make a gift deed if the property is still not registered on our name

CA SURENDRA KUMAR RAKHECHA

CA SURENDRA KUMAR RAKHECHA (Expert)
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03 June 2012 There is no need to make a gift deed now because your Grandmother is not having any registered title of the new flat in her name except the old agreement.
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She can execute a power of attorney in favour of your father to execute the possession of the new flat and do all the legal proceedings in her name.
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Better she execute a WILL in your father's name towards likely possession of new flat stating all the facts regarding old house and agreement between the builder. A mention should also be made of her illness and old age.
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This will help your father when anything "wrong" happens to your grand mother.
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Better you take advice of good civil advocate who is engaged in such work of property registration.

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