×

questransfer by gift deed

Elder brother is owner of a flat in a co-op.society in Kolkata (under W.B.Co-operative housing societies acts, Rules) . Elder brother wants to gift his flat to his younger brother( who is a nominee), by registered "GIFT DEED" . Please let us know whether and under which procedure/law, if any, the same can be done or not. N.B.- The society gave a rejection letter to elder brother stating-"section 76 of w.b. co-op. societies act 2006 provides that the share or interest of a member will be disposed of in favour of nominee on his death. As you are alive, neither you nor your nominee can claim for transfer of membership of the society by any kind whatsoever as it contradicts the provision of said act.".

  • ansA gift of immovable property amounts to its transfer under the Transfer of Property Act. Hence, through the gift deed the elder brother can gift the property to his younger brother by registered gift deed. The society can not reject your brother's claim of gifting the property to his younger brother through gift deed. Society's action contradicts the provision of transfer of property act.

  • Disclaimer: The above query and its response is NOT a legal opinion in any way whatsoever as this is based on the information shared by the person posting the query at LawRato.com and has been responded by one of the Documentation Lawyers at LawRato.com to address the specific facts and details. You may post your specific query based on your facts and details to get a response from one of the Lawyers at LawRato.com or book a Detailed Consultation with a Lawyer of your choice to address your query in detail.
  • Related Articles

Consult best Documentation lawyers in India

Similar questions

I was adopted from an Ashram in Mumbai, somewhere in 77-78. I want the certificate…

requirements to open a hookah parlour in Mumbai?

Dear sir/madam The entire matter is the we r the Punjab technical university distance courses…

Hi my mother got remarried when I was in class 1st and I did my…

Documentation Lawyers in India

Advocate T Kalaiselvan

  Kosapet
 Experience: 16 years


Advocate Amit Sharma

  Greater Kailash 1
 Experience: 11 years


Advocate Unmesh Gopal Dindore

  Shaniwar Peth
 Experience: 9 years


Advocate Ravinder Pasula

  Saroornagar
 Experience: 18 years


View all >>

Quick Consult

Get 15 Minutes of Expert Legal Advice on Phone right now

Ask a Free Question

Post a Question online and get free advice from multiple lawyers by email

Find a Lawyer

Easily find and book private consults with top lawyers in India

Get Fee Estimate

Receive multiple quotations for your legal requirement instantly