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Share transfer through Gift Deed


09-Sep-2023 (In Property Law)
We are staying in co-operative housing society residential flat in Mumbai since 46 years. Flat was jointly held by my Aunty (50%), My father (30%) and Myself (20%). 1) My Aunty who is elder gifted her share of 50% to my Father thru Gift Deed, which registered on 29th Aug 2018, 2)After that on very next day My Father gifted his complete share of 80% to me (only Son) thru Gift Deed registered on 30th Aug 2018. 3) Now I hold complete 100% shares 4) There was no time to give effect Of the transfer of names from Donors to Donee, share certificate issued by the Society, on very next day, i.e. on 30th Aug 2018. Office bearer of the Society has refused to give effect of the aforesaid transfer in their records, as they are suggesting that execution transfer effect of 2nd Gift Deed can only be done after giving proper transfer effect of 1st Gift Deed in society record. Please do suggest & advice on legality of giving transfer effect in the society record to get legal title on my name...
Answers (2)

Answer #1
629 votes
This is my response to you:
1. Give an affidavit of your aunty stating that she has transferred her share to your father;
2. Submit this affidavit to the society and ask them to make the entry in the property records;
3. If they refuse to do so then send them a legal notice by a lawyer;
4. The society cannot refuse you anyhow since there is a valid gift deed and you have followed the due process.

Answer #2
818 votes
yes , if your father is living at this time u can filed application before society to transfer the names as per gift deed . and also give a indeminity bond on 500/ Rs. stamp paper to his name whatever legal consequences aries i will faces befoe society . if they are not satisfied to the same thereafter u can filed under section 22,23 of MSA ACT 1963 BEFORE society registratr.

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