Advocate Rekha C. V.

Questions Answered by Advocate Rekha C. V. (50+ answers)

Q: Gift deed or release deed for property transfer in Bangalore

Our father owned a site in Bangalore. He died in 2015 without a will. As per local municipality office, they said that Khata will be transferred only to our mother. I have a brother and sister. My mother wants to transfer the property to me and my brother and sister are happy to relinquish and let me have 100% of the property. One of them says Gift deed should be done and another one said release deed should be done!! What is the correct process for the same? Should we do gift deed, release deed or any other deed (relinquishment deed)? What will be the release deed stamp duty and registration charges applicable based on the appropriate deed?

Advocate Rekha C. V. answered
hi, release deed will be appropriate document as all family members have equal share in the property, hence by executing the release deed they will release their share and rights over the property and you will become the absolute owner.

Q: Gifting of property to 1 daughter out of 2 daughters in a family

We are 2 daughters in family. Due to some family issues my younger sister left my parents stating I no more need u or ur property. So my parents decided to gift a complete property (house) in my name so after gifting to me, my sister has any rights on the property.

Advocate Rekha C. V. answered
hello Madam, if the house which is going to be gifted by your parents is their self acquired property ( purchased property) then they can gift the same to you. in that case your sister will not have any rights on the property

Q: Whether a GPA made in USA is valid in INDIA

I am planning to purchase an apartment. The owner stays in USA and he has given a GPA to sale the apartment to his brother in India from USA. Whether its valid in India if he adjudicated in District Register Office? Whether after some years he can claim the ownership of the apartment after I purchased?

Advocate Rekha C. V. answered
hello sir, yes technically it is valid, so long as you are paying the Sale consideration to the seller account and deducting the required TDS. however, to give more clarity on the title, you can have the seller to sign the documents and get the Special power of Attorney only to present the document on his behalf.

Q: Property resale process & documentation needed

Hi,I am a prospective apartment buyer from Bangalore.Seller (existing Apartment Owner) is interested in selling his Apartment unit (Ready-to-Move-In) for resale, located within multi-storied Apartment complex. Unit Allotment letter, Occupancy Certificate / Completion certificate are received from the developer/builder by the Seller and currently living in his apartment. However, the registration of this property is yet to be done.Owner is servicing a home-loan for this unit, for which Sale Agreement is with the Bank lender.With the above factors into consideration, I would like to know the process/steps and documentation required from Seller & Buyer towards the purchase of this resale property in terms of apartment unit ownership transfer from the existing owner and property registration to our name.Thanks

Advocate Rekha C. V. answered
Hi, in this case, it is not a resale, it is concept of assignment. the current agreement holder will assign all his rights to you by way of Assignment Agreement and which will be executed between the Agreement Holder, builder and you. for this you need to first enter into an memorandum of understanding with current agreement holder. after execution of the Assignment Agreement and after payment of agreed amount, the sale deed will be executed by the builder to you and the agreement holder will participate as confirming party to your sale deed.

Q: Release Deed: what are papers require .

what will the cost for the release deed for the Registration.

Advocate Rekha C. V. answered
To execute the release deed, you must be the co- owner of the property or you must have the rights on the property.sale deed, khatha, Tax paid receipt are the basic documents for the registration of the release deed