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How to convince society to accept gift deed when owner is dead
20-Jul-2023 (In Property Law)
My grandmother Gifted her share in the property to me and the Gift deed was registered with the registrar’s office. The Gift deed was registered in November 2014 but at that time the building society was not formed until 2015. To protect the senior citizens sentiments of security we did not submit the gift deed copy to the builder or the society until 2018 when my grandma expired. Now when I am submitting the gift deed to the society they say they cannot accept it as it requires an NOC from the builder for the gift deed because the deed was registered before the formation of the society. And the builder now says that once the society is formed he cannot do anything as all powers related to the transfers and legalities is with the society. Could you please suggest what can be done now as I want my grandma’s share in the property to transferred in my name.
This is my response to you:
1. After your grandmother's death the succession certificate should have been obtained;
2. Although the same will not contain your name as a legal heir;
3. Still do obtain it to prove you are of her lineage;
4. Then you must go to the society and state that the property should be transferred to you since the registered Gift Deed clearly makes you the owner of the property;
5. Since the society is formed and the society has powers to transfer the same the society should do the mutation as soon as possible and transfer the share certificate to you;
6. If they do not accept then send a legal notice;
7. If they still don't transfer, then approach the Registrar with a formal complaint;
8. If the builder or society still refuse then ask them to give you in writing why they cannot accept your mutation entry.
1. After your grandmother's death the succession certificate should have been obtained;
2. Although the same will not contain your name as a legal heir;
3. Still do obtain it to prove you are of her lineage;
4. Then you must go to the society and state that the property should be transferred to you since the registered Gift Deed clearly makes you the owner of the property;
5. Since the society is formed and the society has powers to transfer the same the society should do the mutation as soon as possible and transfer the share certificate to you;
6. If they do not accept then send a legal notice;
7. If they still don't transfer, then approach the Registrar with a formal complaint;
8. If the builder or society still refuse then ask them to give you in writing why they cannot accept your mutation entry.
Helpful?
Adv. Gowaal Padavi
Mumbai | 500+ Answers
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Once the gift deed is registered, it fortifies valid transfer of property. The builder NOC or for that matter of fact NOC of society is also not required for transfer of flat. You may ask (in writing) the office of society to point out provision in law which requires such NOC. If you do not have requisite forms of transfer duly signed by your grandmother, then you may face hurdle. In such case you may obtain probate (if there is a WILL) OR obtain lettets of administration and the executor or administrator so appointed can sign transfer documents on behalf of your grandmother.
Helpful?
Adv. Jairam Chandnani
Mumbai | 100+ Answers
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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 Divorce Lawyers at lawrato.com to address the specific facts and details.
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