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What precautions to take to buy a registered gift deed plot
04-Oct-2023 (In Property Law)
Hi, I'm planning to buy a bda plot. The plot is a "registered GIFT deed" plot, gifted by the mother(allottee) to her daughter. The daughter is now trying to sell it to me. 1. Whose all signatures (witness / consenting), I need to take to be at safer side ?? Like, signatures of mother, husband, children, etc ?? 2. Another important point is: original khata in the daughter's name is available. *** But, there is NO reference copy of first KHATA (khata of mother's name)***. Is is ok to ahead without it ?? Appreciate your valuable advice. Best regards, Sandesh
First of all check on the clauses in the gift deed related to any conditions specified or captured on sale, transfer, usage of the gifted property.
If it is an absolute gift deed, you can buy the property from the daughter and only her signature is required on sale deed.
Before buying thoroughly check all the documents including how the mother got the property.
Khata in mother's name must be available. I suggest first obtain a mutation copies of transfer from the person to mother and also from mother to daughter. This will safeguard you if khata in mother's name is not available. Obtain ECs.
If all records are perfect, go ahead and purchase.
Should you need legal assistance, presuming that you are in bangalore, you can contact us.
Dr Gubbi, Counselor & Advocate, Bangalore
If it is an absolute gift deed, you can buy the property from the daughter and only her signature is required on sale deed.
Before buying thoroughly check all the documents including how the mother got the property.
Khata in mother's name must be available. I suggest first obtain a mutation copies of transfer from the person to mother and also from mother to daughter. This will safeguard you if khata in mother's name is not available. Obtain ECs.
If all records are perfect, go ahead and purchase.
Should you need legal assistance, presuming that you are in bangalore, you can contact us.
Dr Gubbi, Counselor & Advocate, Bangalore
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Adv. Dr. Gubbi S Subba Rao
Bangalore | 100+ Answers
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What are disadvantages of gift deed?
Misuse Potential: If the donor does not take care, the donee could misuse a gift deed to avoid paying tax or transfer ownership to another person.
Which is better gift deed or will?
The taxability of the property will be the same whether it is inherited through a will or as a gift. It will still be exempted from tax. It is best to register a gift deed in the case of a donation. 10-Aug-2023
What is the validity of gift deed?
The Gift Deed is valid for life when the donor transfers an immovable or mobile property. Only in the special circumstances listed in this article can it be terminated. Gift Deeds are valid even if a donor dies immediately after gifting a property.
Can gift deed be transferred to another person?
Gift deeds are legal documents or instruments that allow a person to transfer any property, whether movable or movable, owned by them to another without monetary compensation. The person giving the gift and the recipient of the gift are called the donor. 28-Nov-2022
1st apply for E.C, if you get that you can see all the transaction till today, in there it clearly given the ownership status
2nd collect all the document including BDA allotment latter, tax paid receipt, allotment fees paid receipt, etc..
3rd check the Gift deed clauses, is there any conditions they put
4th important is the gift deed which given by mother to her daughter that date has completed to the limitation period of the BDA, usually BDA mention 7 to 8 year time you have to see that condition has satisfied or not.
5th if all the records are perfect then you can go ahead
6. if all the family member are available then call them to put their signature in your sale deed as witness
2nd collect all the document including BDA allotment latter, tax paid receipt, allotment fees paid receipt, etc..
3rd check the Gift deed clauses, is there any conditions they put
4th important is the gift deed which given by mother to her daughter that date has completed to the limitation period of the BDA, usually BDA mention 7 to 8 year time you have to see that condition has satisfied or not.
5th if all the records are perfect then you can go ahead
6. if all the family member are available then call them to put their signature in your sale deed as witness
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Adv. Shabuddin B S
Bangalore | 100+ Answers
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I suggest you to obtain a genealogical tree of the original allotee and thereafter you try to trace the original documents like allotment letter, possession certificate, payment receipt from BDA. Then i suggest you to obtain the original allotee's legal heir's signature while registering your sale deed for safer side.
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Adv. Jagadish N
Bangalore | 400+ Answers
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when buying a property, you have to procure all the documents from the previous seller/donor ( in case of gift Deed) , even if its their blood relation. Khatha in the mother;s name becomes important. since its a BDA property, please check for possession certificate, sale cum leas agreement, allotment letter etc from the previous seller. from the present seller, procure a family tree which is attested and get the signatures of all the members of the family, who can have any claim over the same in future, to avoid any manner of litigation.
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Adv. Vibha A Setlur
Bangalore | 25+ Answers
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Yes, the property that is the subject of a gift deed can be sold. However, it must be registered according to the laws and without any conditions. The gift deed should be registered in the name of the recipient because it has the same value as a sale.
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Adv. Chikirsha Mohanty
Delhi | 200+ AnswersCONTACT NOW
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